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PARK TERRACE v. PHOENIX INDEMNITY COMPANY

No. 741.

85 S.E.2d 677 (1955)

241 N.C. 473

PARK TERRACE, Inc. v. PHOENIX INDEMNITY COMPANY (Original Defendant) and Park Builders, Inc. (Additional Defendant).

Supreme Court of North Carolina.

February 4, 1955.

Attorney(s) appearing for the Case

Brooks, McLendon, Brim & Holderness, Greensboro, for original defendant-appellant, and Womble, Carlyle, Martin & Sandridge, Winston-Salem, and Broaddus, Epperly & Broaddus, Martinsville, Va., for additional defendant-appellant.

Spry & White and Dallace McLennan, Winston-Salem, for plaintiff-appellee.

BARNHILL, Chief Justice.

There was no error in the order of the court below declining to strike the quoted excerpt from the further answers of the defendants. It was the duty of the architect in charge to exercise general supervision of the construction of the buildings contemplated by the building contract for the purpose of determing whether the builder was furnishing the type of building material and constructing the buildings in accordance with the plans and specifications...

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