General Tire and Rubber Co. v. Distributors, Inc.

This case was here at the Fall Term, 1959. In the opinion delivered by Bobbitt, J., the judgment of the court below sustaining a demurrer to defendant’s counterclaim was reversed. Rubber Co. v. Distributors, 251 N.C. 406, 111 S.E. 2d 614. The pleadings are summarized in that opinion and there is no necessity for a comprehensive review of the pleadings on this appeal. We set out herein a general survey of the transactions between the parties and refer to the pleadings only when necessary to an understanding of the questions presented.

The plaintiff manufactures Bolta-Floor vinyl flooring and…