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

No. 42.

240 S.E.2d 345 (1978)

294 N.C. 73

NORTH CAROLINA STATE PORTS AUTHORITY, an Agency of the State of North Carolina v. LLOYD A. FRY ROOFING COMPANY, a corporation, United Pacific Insurance Company, a corporation, Dickerson, Inc., a corporation, and E. L. Scott Roofing Company, a corporation.

Supreme Court of North Carolina.

January 24, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Edwin M. Speas, Jr., Special Deputy Atty. Gen., Raleigh, for the State.

Dawkins & Glass by W. David Lee, Monroe, for Dickerson, Inc.

White, Allen, Hooten & Hines by Thomas J. White, III, Kinston, for E. L. Scott Roofing Co.

LAKE, Justice.

The Superior Court gave judgment on the pleadings dismissing the plaintiff's action against Dickerson for the reason that the plaintiff's claim is barred by the statute of limitations, having accrued more than three years prior to the institution of this action on 7 August 1973.

Such judgment on the pleadings is proper if, but only if, it appears upon the face of the complaint that the plaintiff's right to recover is barred by the lapse of time...

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