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CURTIS v. WHITE CADILLAC-OLDS

No. 21.

104 S.E.2d 877 (1958)

248 N.C. 717

James E. CURTIS v. WHITE CADILLAC-OLDS, Inc.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

M. B. Simpson, Elizabeth City, for plaintiff, appellant.

LeRoy & Goodwin, W. C. Morse, Jr., Elizabeth City, for defendant, appellee.

HIGGINS, Justice.

The plaintiff alleged and offered evidence tending to show (1) a contract, (2) a breach by failure to perform, (3) the right of the plaintiff to rescind. Hutchins v. Davis, 230 N.C. 67, 52 S.E.2d 210. In such event the plaintiff is entitled to recover his consideration or its value. Brannon v. Wood, 239 N.C. 112, 79 S.E.2d 256. Under his pleadings he can only recover the consideration...

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