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WOOD-HOPKINS CON. CO. v. NORTH CAROLINA ST. PORTS AU.

No. 45.

202 S.E.2d 473 (1974)

284 N.C. 732

WOOD-HOPKINS CONTRACTING COMPANY, a corporation v. NORTH CAROLINA STATE PORTS AUTHORITY.

Supreme Court of North Carolina.

February 25, 1974.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Joseph W. Grier, Jr., and William L. Rikard, Jr., Charlotte, for plaintiff appellee.

Robert Morgan, Atty. Gen. by Edwin M. Speas, Jr., Asst. Atty. Gen., Raleigh, for defendant appellant.

HIGGINS, Justice.

The defendant first challenged the plaintiff's right to recover in this action on the ground the contract required the plaintiff to perform labor, furnish materials, and complete its obligation under the contract for the fixed lump sum stated in the contract.

The parties stipulated that the plaintiff filed a base bid of $2,947,417.00 and $350,330.00 and $94,402.00 for certain alternative proposals. The contract specifically

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