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PRESTIGE FURNITURE CORP. v. KING-HUNTER, INC.

No. 7418SC524.

208 S.E.2d 219 (1974)

23 N.C. App. 43

PRESTIGE FURNITURE CORPORATION, Plaintiff, v. KING-HUNTER, INC., Defendant and Third-Party Plaintiff, v. STROUP SHEET METAL WORKS, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. LLOYD A. FRY ROOFING COMPANY, Fourth-Party Defendant.

Court of Appeals of North Carolina.

September 18, 1974.

Attorney(s) appearing for the Case

Alspaugh, Rivenbark & Lively by James B. Rivenbark, Greensboro, for Stroup Sheet Metal Works, Inc., appellant.

Smith, Moore, Smith, Schell & Hunter by David M. Moore, II, Greensboro, for Lloyd A. Fry Roofing Company, appellee.

PARKER, Judge.

The motion for summary judgment was properly allowed. Nowhere in any of the voluminous pleadings in this case has any party alleged that the failure of the roof was in any way due to any defect in the materials manufactured by Fry or in Fry's specifications for installing those materials. Indeed, insofar as allegations in the pleadings are concerned, failure of the roof was due either to faulty design in the drainage system or to failure on the part...

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