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PHIL MECHANIC CONST. CO. v. GIBSON

No. 7628DC227.

226 S.E.2d 837 (1976)

30 N.C. App. 385

PHIL MECHANIC CONSTRUCTION CO. v. John B. GIBSON and wife, Ursula Gibson.

Court of Appeals of North Carolina.

August 4, 1976.

Attorney(s) appearing for the Case

Gray, Kimel & Connolly by David G. Gray, Jr., Asheville, for plaintiff-appellee.

John I. Jay, Waynesville, for defendants-appellants.

CLARK, Judge.

Defendants admitted the execution of the contract as alleged by plaintiff, but in their further answer alleged that the box headed "Statement of Transaction", which included interest and attorney fee provisions was left blank. Construing the defendants' answer with liberality, we find that defendants admit that they executed the written contract attached to their answer and designated "Exhibit B", which left blank the box designated "Statement of Transaction...

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