Childers v. Parker's, Inc.

This is the second suit which plaintiffs have instituted against defendant on account of Parker’s failure to insert in plaintiffs’ note a recital that it was given for the balance of purchase money of real estate. It is also plaintiffs’ second appeal from a judgment of non-suit. The first action, instituted prior to the time plaintiffs’ liability to Lucas had been established, was dismissed because prematurely brought. Childers v. Parker’s, Inc., 259 N.C. 237, 130 S.E. 2d 323. Plaintiffs’ liability to Lucas now having been established and discharged, their exception to the judgment of nonsuit…