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SOUTHEASTERN DRYWALL v. YEARGIN CONST. CO.

No. 7526SC6.

214 S.E.2d 303 (1975)

25 N.C. App. 538

SOUTHEASTERN DRYWALL, INC. v. YEARGIN CONSTRUCTION COMPANY, INC.

Court of Appeals of North Carolina.

May 7, 1975.

Attorney(s) appearing for the Case

Joe T. Millsaps, Charlotte, for plaintiff.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and William P. Farthing, Jr., Charlotte, for defendant.

BROCK, Chief Judge.

The principles of law, reason, and logic which seem applicable to this appeal may be stated briefly.

The failure to pay an installment of the contract price as provided in a building or construction contract is a substantial breach of the contract and gives the contractor the right to consider the contract at an end and to discontinue work. 13 Am.Jur.2d Building and Construction Contracts § 102 (1964). Strict performance of a contract...

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