Lowe's Companies, Inc. v. Lipe

CAMPBELL, Judge.

No matter on what theory the plaintiff might have been able to make out a case entitling it to a recovery, it is obvious from the complaint filed by the plaintiff that the plaintiff sought to recover from Kramers on a contract for the sale of goods for a price in excess of $500.00.

We must consider the case on the same theory in which it was presented in the trial court. Leffew v. Orrell, 7 N.C. App. 333, 172 S.E. 2d 243 (1970). The two documents relied upon by the plaintiff and signed by the defendant Kramers do not make out an enforceable contract under North Carolina General…