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WATSON v. CARR

No. 6911SC77.

166 S.E.2d 503 (1969)

4 N.C. App. 287

Frances Cross WATSON v. Wilbur Augusta CARR and wife, Shirley Viola Carr.

Court of Appeals of North Carolina.

April 2, 1969.

Attorney(s) appearing for the Case

Pittman, Staton & Betts and Ronald T. Penny, by J. C. Pittman, Sanford, for plaintiff-appellee.

Gavin, Jackson & Gavin, by H. W. Gavin, Sanford, for defendant-appellants.

BRITT, Judge.

The question presented by this appeal is whether the counterclaim is permissible under G.S. § 1-137, pertinent provisions of which are as follows:

"The counterclaim mentioned in this article must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of one of the following causes of action: 1. A cause of action arising out of the contract or...

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