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NEAL v. WHISNANT

No. 445.

145 S.E.2d 379 (1965)

266 N.C. 89

Hayden K. NEAL v. Robert WHISNANT and wife, Ruth M. Whisnant, Helen A. Sennett and husband, Stuart L. Sennett, The Fidelity Co., Trustee, Piedmont Federal Savings and Loan Association.

Supreme Court of North Carolina.

December 15, 1965.

Attorney(s) appearing for the Case

Roberts, Frye & Booth, by Leslie G. Frye and Parks Roberts, Winston-Salem, for plaintiff appellee.

William H. Boyer, Clyde C. Randolph, Jr., Winston-Salem, for defendants, Helen A. Sennett and husband, Stuart L. Sennett, appellants.

HIGGINS, Justice.

The appeal presents these questions of law: (1) Did the document the plaintiff filed on September 6, 1963, comply with the statutory requirement that the lien "shall be filed in detail, specifying the materials furnished or labor performed, and the time thereof?" G.S. § 44-38. (2) If the claim was invalid because of the failure to give the required details, did the amendment filed October 5, 1963...

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