Legal Opinion

Ottinger v. Chronister

Court of Appeals of North Carolina

Decided December 15, 1971No. 7127SC653PublishedCited by 2 opinions

1Opinion of the Court

MORRIS, Judge.

The sole question for determination on this appeal is whether the transactions in question constitute in law a release so as to bar the prosecution of the action against the defendants Sidney Andrew Chronister and Woodward Specialty Sales, Inc.

The Uniform Contribution Among Tortfeasors Act (G.S. IB-4) abolishes the distinction between a release and a covenant not to sue. Unfortunately for the plaintiff in this case, the Act did not become effective until 1 January 1968, and does not apply to litigation pending at that time. This action was instituted 21 November 1966, and was,…

2Cases cited6 opinions

  1. Gaither Corporation v. SkinnerSupreme Court of North Carolina · 1955
  2. Simpson v. PlylerSupreme Court of North Carolina · 1963
  3. McNair Ex Rel. McNair v. GoodwinSupreme Court of North Carolina · 1964
  4. Ramsey v. CampSupreme Court of North Carolina · 1961
  5. Simmons v. WilderCourt of Appeals of North Carolina · 1969

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Chemimetals Processing, Inc. v. SchrimsherCourt of Appeals of North Carolina · 2000
  2. Freeman v. McBeeCourt of Appeals of South Carolina · 1984

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