Board of Education v. . Deitrick
Supreme Court of North Carolina
Board of Education v. . Deitrick, 18 S.E.2d 704 (N.C. 1942)
221 N.C. 38; 1942 N.C. LEXIS 386
PER CURIAM.
Board of Education v. . Deitrick
Opinion of the Court
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.
Reference
- Full Case Name
- Board of Education of Perquimans County v. William Henry Deitrick and F. N. Thompson.
- Cited By
- 12 cases
- Status
- Published