SCOTT v. SMITH

No. 744DC76.

204 S.E.2d 917 (1974)

21 N.C. App. 520

Nathan Thomas SCOTT and Allen Holmes v. Tom SMITH.

Court of Appeals of North Carolina.

May 15, 1974.


Attorney(s) appearing for the Case

Douglas P. Connor, Mount Olive, for plaintiffs-appellees.

Donald P. Brock, Trenton, for defendant-appellant.


BROCK, Chief Judge.

Defendant contends that the trial court erred in refusing to allow defendant's motion for a directed verdict at the close of plaintiffs' evidence and at the close of all of the evidence in that plaintiffs failed to prove substantial compliance with their part of the agreement. Defendant's contention is based upon the premise that this agreement is a whole contract, and that plaintiffs' failure to return to the job site to complete the work agreed...

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