# Board of Education v. . Deitrick

> Supreme Court of North Carolina · February 25, 1942 · 221 N.C. 38

URL: https://www.frixlaw.com/law-library/cases/3643997

## Case

- **Full name:** Board of Education of Perquimans County v. William Henry Deitrick and F. N. Thompson.
- **Court:** Supreme Court of North Carolina
- **Decided:** February 25, 1942
- **Citations:** 221 N.C. 38; 18 S.E.2d 704; 1942 N.C. LEXIS 386
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** PER CURIAM.
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3643997

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3643997. Public record. Not legal advice.