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SIMS v. OAKWOOD MOBILE HOMES, INC.

No. 7510SC288.

217 S.E.2d 737 (1975)

27 N.C. App. 25

W. M. SIMS, and wife Carol C. Sims, Plaintiffs, v. OAKWOOD MOBILE HOMES, INC. and Virginia Homes Manufacturing Corporation, Defendants. OAKWOOD MOBILE HOMES, INC., Third-Party Plaintiff, v. VIRGINIA HOMES MANUFACTURING CORPORATION, Third-Party Defendant.

Court of Appeals of North Carolina.

Certiorari Denied November 5, 1975.

Attorney(s) appearing for the Case

Kimzey, Mackie & Smith by James M. Kimzey and Stephen T. Smith, Raleigh, for plaintiff-appellants.

Teague, Johnson, Patterson, Dilthey & Clay by Robert W. Sumner, Raleigh, for defendant-appellee Oakwood Mobile Homes, Inc.

Bailey, Dixon, Wooten, McDonald & Fountain by Wright T. Dixon, Jr., John N. Fountain, and Kenneth Wooten, Jr., Raleigh, for defendant-appellee Virginia Homes Manufacturing Corporation.

Certiorari Denied by Supreme Court November 5, 1975.

MARTIN, Judge.

Instead of proceeding against defendants for breach of contract or warranty, plaintiffs seek to recover in tort alleging that defendants negligently constructed and installed their mobile home.

Negligent performance of a contract may constitute a tort as well as a breach of contract, the theory being that accompanying every contract is a common-law duty to perform with ordinary care...

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