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Perfecting Service Co. v. Product Development & Sales Co.
Citations: 140 S.E.2d 763; 264 N.C. 79; 1965 N.C. LEXIS 1118Docket: 275
Court: Supreme Court of North Carolina; March 17, 1965; North Carolina; State Supreme Court
The case involves Perfecting Service Company (plaintiff, appellee) against Product Development and Sales Company and Radiator Specialty Company (defendants, appellants) in the Supreme Court of North Carolina. The action commenced in 1957, with a trial occurring in February 1962 that resulted in a verdict favoring the plaintiff. However, the defendants appealed, leading to a new trial being granted. In January 1964, the superior court upheld the plaintiff's demurrer to a cross-action and counterclaim presented by Radiator in its Third Amended Answer. Radiator subsequently appealed, but the court affirmed the ruling. The court's prior opinions indicated that Radiator could move to amend its answer to clarify its counterclaim for breach of contract. Radiator misinterpreted this guidance, believing it could file a counterclaim as of right. On October 22, 1964, Radiator filed a counterclaim without court leave. The plaintiff responded with a demurrer and motion to strike. Radiator then requested permission to amend its Third Amended Answer, which the court denied in its discretion. The court's decision not to allow the amendment was upheld as there was no evidence of abuse of discretion, and the content of the counterclaim was found to contravene the law of the case established in previous rulings. The Supreme Court of North Carolina affirmed the lower court's decision.