The opinion
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.