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PLY-MARTS, INC. v. PHILEMAN

No. 7826DC572.

253 S.E.2d 494 (1979)

40 N.C. App. 767

PLY-MARTS, INC. v. Marcus C. PHILEMAN and wife, Mary L. Phileman, First Atlantic Corporation and Arthur J. Baer.

Court of Appeals of North Carolina.

April 17, 1979.

Attorney(s) appearing for the Case

Richard A. Cohan and Lacy W. Blue, Charlotte, for plaintiff-appellant.

Farris, Mallard & Underwood by Charles H. Cranford, Charlotte, for defendants-appellees First Atlantic Corp. and Arthur J. Baer.

Walker, Palmer & Miller by Bryan W. Pittman, Charlotte, for defendants-appellees Marcus C. Phileman and Mary L. Phileman.

HARRY C. MARTIN, Judge.

The trial court found as facts in its judgment the following: Plaintiff had an express contract with Arrowood-Morgan Construction, Inc. to furnish certain labor and materials to be used in the construction of a house by Arrowood-Morgan Construction, Inc. on property owned by it. The labor and materials were provided by plaintiff on 19 May 1976 and 24 June 1976. Later, 25 June 1976, the real property was conveyed by Arrowood-Morgan to defendants...

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