N. C. STATE PORTS AUTH. v. LLOYD A. FRY ROOF. CO.

No. 763SC662.

232 S.E.2d 846 (1977)

32 N.C. App. 400

NORTH CAROLINA STATE PORTS AUTHORITY, an Agency of the State of North Carolina v. LLOYD A. FRY ROOFING COMPANY, a corporation, et al.

Court of Appeals of North Carolina.

March 2, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen., Edwin M. Speas, Jr., and Associate Atty. George J. Oliver, Raleigh, for plaintiff appellant, the State.

Dawkins & Glass, by W. David Lee, Monroe, and White, Allen, Hooten & Hines, P. A., by Thomas J. White, III, Kinston, for defendant appellees.


ARNOLD, Judge.

Error is assigned to the granting of defendants' motion to dismiss under Rule 12(b)(6). Plaintiff contends that the court "misapplied and misconstrued" the law on the statutes of limitation. Several arguments are presented by plaintiff in support of its position.

First, plaintiff argues that the proper statute of limitations is ten years [G.S. 1-47(2)] because the construction contract bears Dickerson's corporate seal and the contract is therefore...

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