Lowe's Companies, Inc. v. Lipe

Court of Appeals of North Carolina

Lowe's Companies, Inc. v. Lipe

201 S.E.2d 81, 20 N.C. App. 106, 1973 N.C. App. LEXIS 1485

CourtCourt of Appeals of North Carolina

DecidedDecember 12, 1973

Docket7328SC603

StatusPublished

Cited by5 cases

This text of 201 S.E.2d 81 (Lowe's Companies, Inc. v. Lipe) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowe's Companies, Inc. v. Lipe, 201 S.E.2d 81, 20 N.C. App. 106, 1973 N.C. App. LEXIS 1485 (N.C. Ct. App. 1973).

Pincite

Opinion

CAMPBELL, Judge.

No matter on what theory the plaintiff might have been able to make out a case entitling it to a recovery, it is obvious *112 from the complaint filed by the plaintiff that the plaintiff sought to recover from Kramers on a contract for the sale of goods for a price in excess of $500.00.

We must consider the case on the same theory in which it was presented in the trial court. Leffew v. Orrell, 7 N.C. App. 333, 172 S.E. 2d 243 (1970). The two documents relied upon by the plaintiff and signed by the defendant Kramers do not make out an enforceable contract under North Carolina General Statute 25-2-201. We think the trial court was correct.

Affirmed.

Chief Judge Brock and Judge Britt concur.

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