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GREGORY POOLE EQUIPMENT CO. v. DAVIS

No. 918SC1049.

422 S.E.2d 742 (1992)

108 N.C. App. 61

GREGORY POOLE EQUIPMENT COMPANY, Plaintiff-Appellee, v. Amos F. DAVIS, d/b/a Amos F. Davis Logging, Defendant-Appellant.

Court of Appeals of North Carolina.

November 3, 1992.

Attorney(s) appearing for the Case

Howard, From, Stallings & Hutson, P.A. by John N. Hutson, Jr. and Maria C. Scanga, Raleigh, for plaintiff-appellee.

White & Allen, P.A. by John P. Marshall, Kinston, for defendant-appellant.

HEDRICK, Chief Judge.

The record indicates that Judge Fountain peremptorily instructed the jury on the one issue submitted to it as follows:

THE COURT: Ladies and Gentlemen of the jury this is a civil action wherein the plaintiff seeks to recover on account for the purchase of two log skidders, and an open account. The defendant has filed an answer in which he has denied that he's indebted to the plaintiff in the amounts claimed by the plaintiff.

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