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BLACK v. CLARK

No. 7722DC253.

243 S.E.2d 808 (1978)

Kermit Lamar BLACK, Sr., d/b/a Rock Wool Insulating Company v. Edwin M. CLARK and wife, Mildred Rector Clark.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Randy D. Duncan, Hickory, for plaintiff-appellant.

Sowers, Avery & Crosswhite by William E. Crosswhite, Statesville, for defendants-appellees.

MORRIS, Judge.

Plaintiff's evidence is summarized as follows: The contract was entered into on 16 September 1975, and the work was begun on or about 29 October 1975 and continued smoothly until Mrs. Clark, on 19 November 1975, ordered the workmen to leave the job and locked the gate. At that time the work was 75% to 80% completed. Shortly after the work was begun, Mrs. Clark called to plaintiff's attention the fact that there was some Kaiser material on the job and...

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