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BROCKWELL v. LAKE GASTON SALES AND SERVICE

No. 919DC61.

412 S.E.2d 104 (1992)

105 N.C. App. 226

R.W. BROCKWELL, Plaintiff, v. LAKE GASTON SALES AND SERVICE, Defendant.

Court of Appeals of North Carolina.

January 21, 1992.

Attorney(s) appearing for the Case

Townsend and Bloom, by H. Lee Townsend, III, Emporia, for plaintiff, appellee.

Clayton and Clayton, P.A., by Theaoseus T. Clayton, Jr., Warrenton, for defendant, appellant.

HEDRICK, Chief Judge.

The sole question raised by this appeal is whether the trial court erred by failing to find that defendant's bailment liability to plaintiff had been expressly relieved by contract. Defendant contends the trial court erred in denying its motion for summary judgment and "directed verdict." (A motion to dismiss pursuant to N.C.R.Civ.P. 41(b) is the proper motion where the trial is before the judge without...

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