EAST SIDE BUILDERS v. BROWN

No. 95.

67 S.E.2d 489 (1951)

234 N.C. 517

EAST SIDE BUILDERS, Inc. et al. v. BROWN et ux.

Supreme Court of North Carolina.

November 21, 1951.


Attorney(s) appearing for the Case

John Y. Jordan, Jr., and Bernard & Parker, all of Asheville, for plaintiffs, appellants.

Kester Walton, of Harkins, Van Winkle, Walton & Buck, Asheville, for defendants, appellees.


DENNY, Justice.

The defendants contend the judgment as of nonsuit should be upheld on two grounds: (1) Laches on the part of the plaintiffs; and (2) the failure of the plaintiffs to prove facts sufficient to substantiate their alleged cause of action.

(1) The weight of authority is to the effect that delay in asserting a right will not bar relief where it has not worked an injury to the prejudice or disadvantage of those adversely interested. 30 C.J.S., Equity...

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