LLOYD v. CARNATION CO.

No. 8215SC391.

301 S.E.2d 414 (1983)

Ben LLOYD v. CARNATION COMPANY, Gary Willier, and Warren Manuel.

Court of Appeals of North Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

Powe, Porter & Alphin by Charles R. Holton and Edward L. Ball, Durham, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter by Jack Floyd, Frank J. Sizemore, III, and Jeri L. Whitfield, Greensboro, for defendants-appellees.


BRASWELL, Judge.

The focal point of the facts concerns a verbal contract of 1967 vintage through which the plaintiff allegedly became an exclusive territorial distributor of bull semen for Carnation Company. It is crucial, given the history of the case, that we examine procedure before substance in our analysis.

When the complaint was filed on 18 April 1979, there were three defendants: Carnation Company, Gary Willier and Warren Manuel. The complaint contains...

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