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PERKINS v. HELMS

No. COA98-453.

515 S.E.2d 906 (1999)

Albert Odell PERKINS, Plaintiff, v. Julian C. HELMS, d/b/a Auto Gallery of Gastonia and Hartford Casualty Insurance Company, Defendants and Third Party Plaintiffs, v. Timothy W. Melton and William Ingram, d/b/a Southern Imports, Third Party Defendants, v. Julian C. Helms, d/b/a Auto Gallery of Charlotte; and Auto Gallery of Charlotte, Inc., Additional Third Party Defendants.

Court of Appeals of North Carolina.

June 15, 1999.

Attorney(s) appearing for the Case

Corry, Cerwin & Luptak, by Todd R. Cerwin, Kings Mountain, for plaintiff-appellee.

DeVore Acton & Stafford, P.A., by William D. Acton, Jr., Charlotte, for third-party defendant-appellee William Ingram.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Paul C. Lawrence and Holly L. Saunders, Charlotte, for defendant/third-party plaintiff-appellant Hartford.

HUNTER, Judge.

Briefly, the facts as stipulated to by the parties show that William Ingram d/b/a Southern Imports ("Ingram") contracted with Julian C. Helms d/b/a Auto Gallery of Charlotte ("Helms") on 18 March 1994 to purchase a 1993 Mercedes 500SEL for $63,500.00. Ingram immediately sold the car to an out-of-state dealer for $66,400.00. When it was discovered that the Mercedes was stolen, the out-of-state dealer filed a claim with its carrier for $57,000.00 and...

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