FALLS SALES CO., INC. v. BOARD OF TRANSP.

No. 7629SC514.

231 S.E.2d 168 (1977)

32 N.C. App. 97

FALLS SALES COMPANY, INC. v. BOARD OF TRANSPORTATION v. ASHEVILLE CONTRACTING COMPANY.

Court of Appeals of North Carolina.

January 5, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Adams, Hendon & Carson by George Ward Hendon, Asheville, for third-party defendant.


MARTIN, Judge.

Third-party defendant contends that its motions to dismiss, for summary judgment and for directed verdict, should have been granted. It argues that defendant was required to allege and offer evidence of negligence on the part of the third-party defendant in order to survive those motions but failed to do so. Further, third-party defendant contends that the responsibility for damage contemplated by Section 7.11 of the contract means only such damage...

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