ELECTRO LIFT, INC. v. MILLER EQUIPMENT CO.

No. 68SC170.

166 S.E.2d 454 (1969)

4 N.C. App. 203

ELECTRO LIFT, INCORPORATED v. MILLER EQUIPMENT COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied May 19, 1969.


Attorney(s) appearing for the Case

Benjamin D. McCubbins, and George L. Burke, Jr., Salisbury, for plaintiff appellee.

Graham M. Carlton, Salisbury, for defendant appellant.


FRANK M. PARKER, Justice.

The parties at the trial stipulated execution of their original contract by which plaintiff had agreed to sell and defendant to buy certain specified equipment. They stipulated that the equipment originally agreed on between them was to be as described in defendant's written purchase order dated 4 August 1962. This writing described a motor driven trolley designed to travel at a specified speed upon a track "and to turn approximately 8' radius...

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