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BEACH & ADAMS BUILDERS v. NORTHWESTERN BANK

No. 7524SC545.

220 S.E.2d 414 (1975)

28 N.C. App. 80

BEACH AND ADAMS BUILDERS, INC. v. The NORTHWESTERN BANK, a North Carolina Corporation, and C. Banks Finger, as Trustee for the Northwestern Bank.

Court of Appeals of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Charlie R. Brown, Blowing Rock, for plaintiff appellant.

Holshouser & Lamm by Charles C. Lamm, Jr., and Finger, Parks & Greene by C. Banks Finger, Boone, for defendants appellants.

MORRIS, Judge.

Plaintiff contends that the trial court erred in finding that plaintiff had failed timely to commence its action to enforce its Claim of Lien and that the late commencement discharged the lien of record. Plaintiff argues that the entry of the 16 November 1972 date in the Claim of Lien was a "clerical error" and ". . . it should be allowed to show, in a trial on the merits, that the actual date of last furnishing...

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