INDUSTRIAL DISTRIBUTORS, INC. v. MITCHELL

No. 172.

122 S.E.2d 61 (1961)

255 N.C. 489

INDUSTRIAL DISTRIBUTORS, INC. v. R. C. MITCHELL and Mrs. R. C. Mitchell.

Supreme Court of North Carolina.

October 11, 1961.


Attorney(s) appearing for the Case

Josey & Clark, Roanoke Rapids, for plaintiff appellee.

Charles M. White, III, and John Kerr, Jr., Warrenton, and Gaither M. Beam, Louisburg, for defendant appellants.


RODMAN, Justice.

Defendants did not offer evidence sufficient to justify the submission of an issue of damages resulting from the asserted breach of warranty.

Defendants' claim of error is based on their plea that the debt evidenced by the note was due and payable more than three years prior to 30 September 1958, the date this action was instituted. Hence the court could not peremptorily instruct the jury to return a verdict in any sum for plaintiff.

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