MARTIN v. SHEFFER

No. 9014SC848.

403 S.E.2d 555 (1991)

Daniel MARTIN and John Duke, d/b/a Star Photo, Plaintiffs, v. Jeff SHEFFER and J & S Distributors, Inc., Defendants.

Court of Appeals of North Carolina.

May 7, 1991.


Attorney(s) appearing for the Case

Kenneth J. Duke, Durham, for plaintiffs-appellants.

King, Walker, Lambe & Crabtree by Daniel Snipes Johnson, Durham, for defendants-appellees.


LEWIS, Judge.

In December of 1987 Daniel Martin and John Duke contracted with J & S Distributors, Inc. to purchase a KIS Magnum Speed printer for $17,000.00. The parties agreed that Martin and Duke would send one half of the money as a deposit and would pay the balance upon delivery. On 28 December 1987 the KIS machine arrived in Georgia but Duke and Martin refused to accept it, stating that the delivery was five days late and they had purchased a substitute machine...

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