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INSTITUTION FOOD HOUSE, INC. v. CIRCUS HALL OF CREAM, INC.

No. 9125DC752.

421 S.E.2d 370 (1992)

107 N.C. App. 552

INSTITUTION FOOD HOUSE, INC. v. CIRCUS HALL OF CREAM, INC., d/b/a Circus Hall of Cream No. 5, and Wayne's Associates, Inc.

Court of Appeals of North Carolina.

October 6, 1992.

Attorney(s) appearing for the Case

Gaither, Gorham & Crone by J. Samuel Gorham, III, Hickory, for plaintiff-appellee.

Lewis E. Waddell, Jr., Newton, for defendant-appellant.

JOHNSON, Judge.

Plaintiff initiated this suit on 15 November 1989, seeking to recover upon an account which plaintiff alleged one or both defendants owed plaintiff the sum of $25,075.15, plus interest at the maximum legal rate from 21 July 1988. Plaintiff further sought to enforce the Attorney's Fee Provision of the credit application pursuant to N.C.Gen.Stat. § 6-21.2(5) (1986).

On 1 February 1990, Defendant-Wayne's Associates, Inc., answered plaintiff...

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