WRIGHT v. ASHEVILLE POOL & GUNITE CO.

No. 7828DC1150.

259 S.E.2d 797 (1979)

44 N.C. App. 80

Gary WRIGHT and Shirley M. Wright v. ASHEVILLE POOL AND GUNITE COMPANY d/b/a Asheville Solar Systems.

Court of Appeals of North Carolina.

November 20, 1979.


Attorney(s) appearing for the Case

Jones & Parker by Lawrence T. Jones, Asheville, for plaintiffs-appellants.

Shuford, Frue & Best by Ronald K. Payne, Asheville, for defendant-appellee.


VAUGHN, Judge.

The appeal is subject to dismissal for failure to comply with the Rule of Appellate Procedure. Appellants failed to comply with Rule 9(b)(1)(ix) which requires that the record on appeal shall contain "a copy of the notice of appeal, or of the appeal entry showing appeal taken orally, and of all other appeal entries relative to the perfecting of appeal." We have, nevertheless, elected to consider the case on its merits.

On 25 July 1978, the trial...

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