RALEIGH PAINT & WALLPAPER v. PEACOCK & ASSOC.

No. 7710DC886.

247 S.E.2d 728 (1978)

38 N.C. App. 144

RALEIGH PAINT AND WALLPAPER CO. v. PEACOCK & ASSOCIATES, INC., Ray A. Kanoy and wife, Sherry D. Kanoy, Great Century, Inc., trustee, and Builders Federal Savings & Loan Association of Rocky Mount.

Court of Appeals of North Carolina.

October 3, 1978.


Attorney(s) appearing for the Case

Brenton D. Adams, Raleigh, for plaintiff-appellee.

Seay, Rouse, Johnson, Rosser & Harvey by Larry D. Johnson, Raleigh, for defendants-appellants.


MORRIS, Judge.

The ultimate issue in this case is whether a lien claimant who furnishes materials for the improvement of real estate pursuant to a contract with the owner must himself deliver such materials to the site of the improvement before the claimant is entitled to a valid materialman's lien pursuant to Part 1, Article 2, Chapter 44A of the General Statutes.

The defendants contend that there exists, based upon the record, a genuine issue of material...

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