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CANADY v. CREECH

No. 7410DC782.

209 S.E.2d 511 (1974)

23 N.C. App. 673

J. L. CANADY, trading as J. L. Canady Plumbing & Heating Company v. Ervin E. CREECH et al.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Mast, Tew & Nall, P. A., by Allen R. Tew, Clayton, for plaintiff appellant.

No counsel for defendant appellees.

MORRIS, Judge.

Plaintiff contends that the court erred in concluding that the notice of lien filed 8 October 1973 was fatally defective.

It is undisputed that the notice of claim of lien filed by the plaintiff on 8 October 1973 erroneously states that materials and labor were first furnished on 4 December 1973 when, in fact, as shown by answers to defendants' interrogatories, materials and labor were first furnished on 3 November 1972. Plaintiff could not...

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