Tabor City tribune. (Tabor City, N.C.) 1946-1991, 1948-02-27
Answers Filed In Civil Suit
Involving Potato Market

Answers were filed in New
Hanover County Superior Court
this week in the S375,000 civil
suit brought by w. A. and w. H.
Corbett, Wilmington sweet po-
tato brokers, against A. Paul
Rogers, B. A. Carroll, c. D. Gar
rell, c. c. Leggette. w. F. Cox
and Carroll Sales Co.
Two paragraphs of the orig
inal complaint charge:
|. That the defendants agreed
to rent the Corbett firm ware
house in Tabor City for the
storage of sweet potatoes and
later failed to do SO.
2. That the defendants con-
Splred together 10 get govern
ment permit to construct ware
house that could be used as a to-
bacco warehouse and represent
il to the government as Il po-
tatu house.
The complaint and answers
on those two counts read:
Paragraph 3, complaint: The
plaintiffs and their predecessors
in said business rented certain
tobacco prize houses from the
defendant Clarence d Carroll;
said prize houses were adjoining
the railroad track and were con-
venicnt for shipping the sweet
potatoes, and said rentals were
IA regular arrangement from year
to year. The defendant, B. A.
Carroll, became interested in
the sweet potato business and
began buying sweet potatoes and
shipping them, when he saw the
plaintiffs and their predecessors
in business had developed
market; and the plaintiffs are
informed, believe and allege that
the defendant. Clarence D. Gar
rcll, became interested in said
sweet potato business with his
co defendant B. A. Carroll, and
in an effort to get control OF
the sweet potato market at Ia
Dor City, and thereafter to re-
duce the price of sweet potatoes,
conspired together that they
would not permit the plaintiffs
and their predecessors in bus
mess to have the use of any OF
the prize houses which they
owned or controlled; and G. D.
Carroll refused to rent to the
. plaintiffs or their predecessors
any of said prize houses for
use for sweet potatoes, and kept
said prize houses vacant and
unused in furtherance of said
conspiracy.
Answer Of Defendants A.
Paul Rogers, c. c. Leggette and
w. F. Cox: Answering the al
legations contained in Article 3
Of the complaint, the defendants
| say that they have no know
ledge or information sufficient
to form a belief as to the truth
of the allegations therein con-
tanned and, therefore, deny the
same. And insofar as any OF
the allegations directly or in
directly involve these defendants
the said allegations are denied"
Answer of the Defendants
! Garrcll Sales Company, Inc, and
B. A. Garrel!: Answering the
allegations of Article Three,
these answering defendants say
that they have no information
10 form a belief as to what, If
any, arrangements or agreements
were made between c. D. Gar
rell and the plaintiffs. All other
allegations contained in said
article are wholly untrue and are
denied"
Paragraph 9 Of complaint:
plaintiffs are informed and be-
Iieve, and upon such informa-
ton and belief, allege that the
defendants conspired together,
and agreed and confederated to-
gcther, that they would seek to
get permit to build another
Warehouse which could and
would be used as a tobacco
warehouse for the auction sale OF
tobacco, and that they would
represent to the Civilian Pro-
duction Administration that they
were building such warehouse
as d sweet potato warehouse,
and that the government might
grant a permit to build build
ing to be used in the handling,
storing and processing of food
crop, but only one more such
building or permit would be
issued for town the size OF
Tabor City, which would give
them, the defendants, mon
opoly on the space in Tabor City
for the storing and processing
Of sweet potatoes, with the idea
and intention of putting and
, keeping down the price OF sweet
potatoes, which they intended
to buy, and also with the in
tentlon to Wiltully destroy or in
jurc, or undertake to destroy
or injure, the potato business OF
the plaintiffs, who were business
: rivals of the defendants, with
the purpose and intention OF
attempting to fix Inc price o1
sweet potatoes on the Tabor
City market when the COMPETE
lion Of the plaintiffs was re-
moved"
Answer of Defendants A. Pau
Rogers, G. G. Legctte and w. F
Cox: The allegations contained
in Article y Of the complaint
are denied"
Answer of Defendants Garrel
Sales Co., Inc, and B. A. Gar.
rell: The allegations of Ar
ticle Nine arc wholly untrue