YATES v. W. F. MICKEY BODY COMPANY

No. 240.

128 S.E.2d 11 (1962)

258 N.C. 16

Graem YATES, doing business as Graem Yates Advertising, v. W. F. MICKEY BODY COMPANY, Inc.

Supreme Court of North Carolina.

October 31, 1962.


Attorney(s) appearing for the Case

Warren C. Stack, Charlotte, for defendant-appellant.

Robert L. Scott, Charlotte, for plaintiff-appellee.


SHARP, Justice.

Neither the pleadings nor the evidence clearly delineates this controversy. The submission of but one issue further blurred the picture and made the charge to the jury an extremely hazardous judicial operation.

The plaintiff's complaint, we believe, was intended to allege an express contract by defendant to pay $4,461.43 for the 5,000 catalogs in question. In its answer, defendant denied the contract as alleged in the complaint as well as plaintiff...

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