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YEARGIN CONST. CO. v. FUTREN DEVELOPMENT CORP.

Nos. 7526SC798, 7526SC953.

225 S.E.2d 623 (1976)

29 N.C. App. 731

YEARGIN CONSTRUCTION COMPANY, INC. v. FUTREN DEVELOPMENT CORPORATION.

Court of Appeals of North Carolina.

June 16, 1976.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, by Gaston H. Gage and William P. Farthing, Jr., Charlotte, and Haynsworth, Perry, Bryant, Marion & Johnstone, by Charles T. Roy, Jr., Greenville, S. C., for plaintiff appellant-appellee.

William H. Ashendorf and Perry, Patrick, Farmer & Michaux, by Roy H. Michaux, Jr., Charlotte, for defendant appellant-appellee.

BRITT, Judge.

PLAINTIFF'S APPEAL

The sole question presented by plaintiff's appeal is whether the trial court erred in denying plaintiff's motion for attorneys' fees in amount of $31,900, representing ten percent of the principal amount of the verdict. We hold that the court did not err in denying the motion.

The contract between the parties contains the following provision:

"In the event any Progress Payment or any final payment, or any...

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