Supreme Court of North Carolina, 1942

Board of Education v. . Deitrick

Board of Education v. . Deitrick
Supreme Court of North Carolina · Decided February 25, 1942 · PER CURIAM.
18 S.E.2d 704; 221 N.C. 38; 1942 N.C. LEXIS 386 (South Eastern Reporter, Second Series)
Board of Education v. . Deitrick

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

Per Cubiam.

There is no privity between plaintiff and Major & Loomis Company. Any fraudulent concealment of the condition of the lumber sold by Major & Loomis Company to the defendant Thompson constitutes a wrong committed by it against Thompson. Plaintiff is not concerned therewith. The alleged wrong committed by the defendant Thompson, if committed at all, is an independent tort against the plaintiff. Major & Loomis Company did not participate therein. It is in no sense a joint tort-feasor. The motion was properly denied. Hoover v. Indemnity Co., 202 N. C., 655, 163 S. E., 758; Brown v. R. R. Co., 202 N. C., 256, 162 S. E., 613; Bost v. Metcalfe, 219 N. C., 607, 14 S. E., (2d), 648.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.