HOFFMAN v. CLEMENT BROS. CO.

No. 7525SC460.

219 S.E.2d 638 (1975)

27 N.C. App. 548

Bill HOFFMAN v. CLEMENT BROTHERS COMPANY, a corporation.

Court of Appeals of North Carolina.

November 19, 1975.


Attorney(s) appearing for the Case

West & Groome by Ted G. West, Lenoir, for plaintiff-appellee.

Kluttz & Hamlin by Richard R. Reamer, Salisbury, for defendant-appellant.


BRITT, Judge.

Defendant assigns as error the failure of the trial court to grant its motion for directed verdict on plaintiff's cause of action based on specific contract and its motion for judgment notwithstanding the verdict. We think the assignment has merit.

The contract clearly provides that plaintiff was to be paid for his work "on the same basis" as payment was received by defendant from the owner. In stipulation numbered 5 above, plaintiff admitted...

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