Supreme Court of North Carolina June 16, 1966 (American Air Filter Co. v. Robb)

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United States · · · 16-06-1966

Sharp, J.

This case is presently in the pleading stage. On the facts as detailed by Robb’s “cross complaint” — which we take as *586true in passing upon Hunter’s demurrer — defendant is entitled to a recoupment in some amount on the contract price of the equipment which he contracted to buy from Hunter and which plaintiff, upon Hunter’s order, furnished defendant.

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