NYTCO LEASING, INC. v. DAN-CLEVE CORP.

No. 7610SC306.

230 S.E.2d 559 (1976)

31 N.C. App. 634

NYTCO LEASING, INC. v. DAN-CLEVE CORPORATION et al. v. SOUTHEASTERN MOTEL CORPORATION.

Court of Appeals of North Carolina.

Certiorari Denied March 7, 1977.


Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by E. D. Gaskins, Jr. and John Q. Beard, Raleigh, for plaintiff.

James, Hite, Cavendish & Blount by Marvin K. Blount, Jr., Greenville, Ellis Nassif, and Vaughan S. Winborne, Raleigh, for defendants.


Certiorari Denied by Supreme Court March 7, 1977.

MARTIN, Judge.

Defendants assign as error the failure of the trial court to grant their motion to dismiss pursuant to G.S. 1A-1, Rule 12(b), contending that any action against defendants was premature for the reason that there had been no breach of contract at the time the action was instituted. We find no merit in this assignment and it is overruled.

A large number of defendants' assignments of error...

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