Adder v. Holman & Moody, Inc.

BRANCH, Justice.

The rationale of the opinion of the Court of Appeals is that defendant wrongfully held plaintiff’s automobile and thereby obtained the execution of a note and “release” from him, by duress of goods. In reaching its decision, the majority of the panel relied on Joyner v. Joyner, 264 N.C. 27, 140 S.E. 2d 714, and Smithwick v. Whitley, 152 N.C. 369, 67 S.E. 913.

In Smithwick plaintiff offered evidence that he bought a certain parcel of land from defendant at an agreed price of $35 per acre and executed notes secured by a deed of trust for the purchase price; that defendant, in…