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THOMPSON v. SHOEMAKER

No. 7026DC153.

173 S.E.2d 627 (1970)

7 N.C. App. 687

Mildred Louis THOMPSON v. Walter Gaston SHOEMAKER, Jr. and Waters Insurance and Realty Company, Inc.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Gail Barber, Charlotte, for plaintiff-appellant.

Harkey, Faggart, Coira & Fletcher, by Henry Lee Harkey and Francis M. Fletcher, Jr., Charlotte, for defendants-appellees.

GRAHAM, Judge.

Plaintiff contends that she has sufficiently stated a first cause of action under either of two theories: (1) The rental contract was illegal and unenforceable because the dwelling rented was maintained in violation of the Housing Code of the City of Charlotte and was unfit for human habitation. (2) Defendants, in renting plaintiff a substandard and unfit dwelling, breached various material warranties implied in the rental contract and thereby constructively...

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