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OLNEY PAINT CO., INC. v. ZALEWSKI

No. 7528DC837.

223 S.E.2d 573 (1976)

29 N.C. App. 149

OLNEY PAINT COMPANY, INC., a South Carolina Corporation v. Roman ZALEWSKI et al.

Court of Appeals of North Carolina.

April 7, 1976.

Attorney(s) appearing for the Case

Robert B. Long, Jr., and Gary A. Dodd, Asheville, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by John L. Sarratt, Greensboro, for defendant-appellee, Community Building Corp.

No counsel for other defendants.

HEDRICK, Judge.

Plaintiff contends in its only assignment of error that the court should not have granted summary judgment for CBC. It argues that under G.S. 44A-18(2) it is entitled to a lien on any funds owed by CBC to CDA. CBC contends that plaintiff is not entitled to a lien on any funds CBC owes to CDA, because CBC does not owe any funds to CDA. This is established, CBC argues, by the affidavit of Bobby C. Jones, which states that when CBC terminated its contracts...

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