Perfecting Service Co. v. Product Development & Sales Co.

Per Cueiam.

This is the third appeal we have heard in this cause. The action was instituted in 1957. It came to trial in February 1962, and verdict and judgment were favorable to plaintiff. Defendants appealed and a new trial was granted. Service Co. v. Sales Co., 259 N.C. 400, 131 S.E. 2d 9. In January 1964 the superior court sustained plaintiff’s demurrer to the cross-action and counterclaim set out in the Third Amended Answer of defendant, Radiator Specialty Company (Radiator). Radiator appealed and the ruling of the trial judge on the demurrer was affirmed. Service Co. v. Sales Co., 261…