FRANK H. CONNER CO. v. SPANISH INNS CHARLOTTE

No. 19.

242 S.E.2d 785 (1978)

FRANK H. CONNER COMPANY v. SPANISH INNS CHARLOTTE, LIMITED, a North Carolina limited partnership, Emil Ball, Jerry M. Whipperfurth, Richard R. Holchek, and R. C. Benson, Individually and as general partners, Archie C. Walker, as Trustee and Wachovia Realty Investments, an unincorporated business trust, William W. Tennent, III, Trustee, and United Leasing Corporation, and Wachovia Mortgage Company.

Supreme Court of North Carolina.

April 17, 1978.


Attorney(s) appearing for the Case

Connor, Lee, Connor, Reece & Bunn by David M. Connor and Cyrus F. Lee, Wilson, Wade & Carmichael by J. J. Wade, Jr., Charlotte, for plaintiff appellee.

Berry, Bledsoe & Hogewood by Louis A. Bledsoe, Jr. and Dean Gibson, Charlotte, Womble, Carlyle, Sandridge & Rice by Kenneth A. Moser and Donald A. Donadio, Winston-Salem, for defendant appellants.


MOORE, Justice.

The primary issue on this appeal is whether a contractor's lien for the construction of a motel, arising under Article 2, Part 1, N.C.G.S. 44A-7 through -13, prior to its 1975 amendment, may relate back to and take effect from the date of the furnishing of services for the partial clearing and the on-site surveying and staking of the boundary lines of the building to be constructed by the contractor. The trial judge answered this question in the affirmative...

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