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SALE CHEVROLET v. PETERBILT OF FLORENCE

No. COA98-917.

514 S.E.2d 747 (1999)

SALE CHEVROLET, BUICK, BMW, INC., Plaintiff-Appellant, v. PETERBILT OF FLORENCE, INC., d/b/a Peterbilt of Dunn, Defendant-Appellee.

Court of Appeals of North Carolina.

May 4, 1999.

Attorney(s) appearing for the Case

White & Allen, P.A., by John P. Marshall and Matthew S. Sullivan, Kinston, for plaintiff-appellant.

Law Office of James M. Johnson, by James M. Johnson, and Law Office of Dewey R. Butler, by Dewey R. Butler, Dunn, for defendant-appellee.

McGEE, Judge.

The record in this case shows that plaintiff sold a Ford Mustang automobile to Joyce Elizabeth Rice on 23 August 1997. On that date, Rice gave plaintiff a personal check for $13,331.00 to pay for the automobile. Plaintiff gave Rice possession of the Mustang, along with a bill of sale, an odometer statement, a thirty day temporary tag and a N.C. Department of Motor Vehicles Form 38 30-Day Temporary Marker Receipt. Plaintiff did not execute a certificate...

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