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HOWARD-GREEN ELEC. CO. v. CHANEY & JAMES CONST. CO.

No. 7110SC458.

182 S.E.2d 601 (1971)

12 N.C. App. 63

HOWARD-GREEN ELECTRICAL COMPANY, Inc. v. CHANEY & JAMES CONSTRUCTION CO., Inc., et al.

Court of Appeals of North Carolina.

August 4, 1971.

Attorney(s) appearing for the Case

Purrington & Purrington by A. L. Purrington, Jr., Raleigh, for plaintiff appellee.

Poyner, Geraghty, Hartsfield & Townsend by Marvin D. Musselwhite, Jr., Raleigh, for defendants appellants.

PARKER, Judge.

Defendant Construction Co. acknowledges that it owes plaintiff a balance of $13,430.45 on account of plaintiff's completed performance under the subcontract for the electrical work, and the sole dispute between the parties is whether that balance is presently due and payable. The written subcontract between plaintiff and defendant Construction Co. contains the following:

"3. Payments shall be made monthly in accordance with the following procedure...

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