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HARTLEY v. BALLOU

No. 733SC773.

201 S.E.2d 712 (1974)

20 N.C. App. 493

Willkings L. HARTLEY v. George R. BALLOU and wife, Mildred H. Ballou.

Court of Appeals of North Carolina.

January 16, 1974.

Attorney(s) appearing for the Case

Hamilton, Hamilton & Phillips by Luther Hamilton, Jr., Morehead City, for plaintiff appellee.

Bennett & McConkey, P. A. by Thomas S. Bennett and James W. Thompson, III, Morehead City, for defendant appellant.

MORRIS, Judge.

Defendant first assigns error to the court's findings of fact and conclusions of law. He contends the following finding of fact was erroneous:

"The garage was built on a concrete slab on top of the ground and extended northwardly from the north wall of the basement and waterproofing could not be applied to the entire length of the outside of the north wall of the basement."

The testimony in the record is to the effect that the garage...

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