MEARES v. NIXON CONSTRUCTION COMPANY

No. 7026SC27.

173 S.E.2d 593 (1970)

7 N.C. App. 614

Houston D. MEARES, d/b/a Dixie Fire & Sprinkler Company v. NIXON CONSTRUCTION COMPANY.

Court of Appeals of North Carolina.

May 6, 1970.


Attorney(s) appearing for the Case

Fairley, Hamrick, Monteith & Cobb, by Laurence A. Cobb, Charlotte, for plaintiff-appellee.

Ernest S. DeLaney, Jr., Bradley, Gebhardt, DeLaney & Millette, Charlotte, for defendant-appellant.


BRITT, Judges.

In its brief defendant states its contention regarding the first assignment of error as follows: "The Court below committed error when it instructed the jury it should find that the defendant breached the contracts by failing to pay the estimates within thirty days without the jury first finding that said estimates had been approved."

A portion of the charge included in this assignment of error is...

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