Legal Opinion
Nytco Leasing, Inc. v. Dan-Cleve Corp.
Court of Appeals of North Carolina
Decided December 15, 1976No. 7610SC306PublishedCited by 16 opinions
1Opinion of the Court
MARTIN, Judge.
Defendants assign as error the failure of the trial court to grant their motion to dismiss pursuant to G.S. 1A-1, Rule 12(b), contending that any action against defendants was premature for the reason that there had been no breach of contract at the time the action was instituted. We find no merit in this assignment and it is overruled.
A large number of defendants’ assignments of error are based on exceptions to “findings of fact” made by the trial court and its failure to make other “findings of fact.” We repeat again what we have said many times, that, in passing upon a motion…
2Cases cited12 opinions
- Hyde Insurance Agency, Inc. v. Dixie Leasing Corp.Court of Appeals of North Carolina · 1975
- Fast v. GulleySupreme Court of North Carolina · 1967
- Clejan v. ReismanCalifornia Court of Appeal · 1970
- Davis v. DavisSupreme Court of North Carolina · 1967
- Kanner v. Globe Bottling Co.California Court of Appeal · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stillwell Enterprises, Inc. v. Interstate Equipment Co.Supreme Court of North Carolina · 1980
- Tucker v. GENERAL TEL. CO. OF SOUTHEASTCourt of Appeals of North Carolina · 1980
- Coode v. M & J Financial Corp. (In Re Boling)United States Bankruptcy Court, E.D. Tennessee · 1981
- Nytco Leasing, Inc. v. DAN-CLEVE CORPORATIONSupreme Court of North Carolina · 1977
- Walker v. Penn National Security Insurance Co.Court of Appeals of North Carolina · 2005
11 more not listed; retrieve them via the Exa API.