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Overnite Transportation Co. v. Styer

Filed: May 4, 1982.

OVERNITE TRANSPORTATION COMPANY
v.
A. R. STYER, D/B/A AUTOMATED COMPUTER SYSTEMS



Appeal by defendant from Mills, Judge. Judgment entered 5 May 1980 in Superior Court, Forsyth County. Heard in the Court of Appeals 31 March 1982.

Hill, Judge. Judges Wells and Becton concur.

Hill

In its complaint, plaintiff alleges that defendant bought data processing equipment from Data General Corporation for $18,021.85 in June 1979, such goods being delivered to defendant by plaintiff. The delivery was shipped "C.O.D." to defendant's office, and defendant was required to pay freight charges, the purchase price, and "C.O.D." fees totaling $18,318.42. Plaintiff collected only the freight charges, and it alleges that defendant now owes $18,296.86. Defendant denied doing business as Automated Computer Systems during June 1979, and further denied that the goods were delivered "C.O.D.", as plaintiff alleged.

Following its complaint, plaintiff requested admission of the following matters by defendant:

(1) Defendant did business as either Automated Computer Systems or Automated Computer Systems, Incorporated in Guilford County, North Carolina.

(2) Defendant is the owner of Automated Computer Systems.

(3) On or about June 5, 1979 and June 15, 1979, defendant bought nine (9) cartons of machine systems, devices and processing equipment from Data General Corporation for the sum of Eighteen Thousand Twenty-One Dollars and 85/100 ($18,021.85).

(4) Said goods were delivered by plaintiff to defendant, and defendant accepted said goods.

(5) That said goods were shipped to defendant by Data General Corporation pursuant to contract, said goods were shipped "COD".

(6) That said goods were delivered to defendant by plaintiff without collection of the sum of Eighteen Thousand Twenty-One Dollars and 85/100 ($18,021.85).

(7) Defendant has never been an officer, sharehokder, employee or director of Automated ...


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