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APPLIANCE SALES & SERVICE, INC. v. COM. ELECT. CORP.

No. 939SC551.

443 S.E.2d 784 (1994)

APPLIANCE SALES & SERVICE, INC., Plaintiff, v. COMMAND ELECTRONICS CORPORATION and Issac Shephard Funderburk, III and All Other Officers, Directors and Stockholders of Command Electronics Corporation, Defendants.

Court of Appeals of North Carolina.

June 7, 1994.

Attorney(s) appearing for the Case

Zollicoffer & Long by John H. Zollicoffer, Jr., Henderson, for plaintiff-appellee.

Bobby W. Rogers, Henderson, for defendants-appellants.

EAGLES, Judge.

Defendants argue that the trial court erred in denying their motion to dismiss "pursuant to the forum selection clause of the contract." We disagree.

I.

In Perkins v. CCH Computax, Inc., 333 N.C. 140, 141, 423 S.E.2d 780, 781 (1992), our Supreme Court upheld the validity of a forum selection clause contained in a commercial contract to purchase software entered...

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