Roth v. Parsons

Court of Appeals of North Carolina

Roth v. Parsons

192 S.E.2d 659, 16 N.C. App. 646, 1972 N.C. App. LEXIS 1793

Court of Appeals of North Carolina·Decided November 22, 1972·No. 7226SC609·Published·Cited by 7 cases

Opinion

*647 BRITT, Judge.

We hold that the court properly dismissed the third cause of action. Although appellants attempt to distinguish their case from Henson v. Thomas, 231 N.C. 173, 56 S.E. 2d 432 (1949), we think the legal principles1 in the cases are the same and that the majority opinion in Henson is controlling here. For that reason, the judgment appealed from is

Affirmed.

Chief Judge Mallard and Judge Brock concur.

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*647 BRITT, Judge.

We hold that the court properly dismissed the third cause of action. Although appellants attempt to distinguish their case from Henson v. Thomas, 231 N.C. 173, 56 S.E. 2d 432 (1949), we think the legal principles1 in the cases are the same and that the majority opinion in Henson is controlling here. For that reason, the judgment appealed from is

Affirmed.

Chief Judge Mallard and Judge Brock concur.

Roth v. Parsons, 192 S.E.2d 659, 16 N.C. App. 646, 1972 N.C. App. LEXIS 1793 (N.C. Ct. App. 1972).

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Opinion

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