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H. V. ALLEN CO., INC. v. QUIP-MATIC, INC.

No. 7918SC869.

266 S.E.2d 768 (1980)

H. V. ALLEN COMPANY, INC. v. QUIP-MATIC, INC., d/b/a Rockford Sanitary Systems.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Block, Meyland & Lloyd by Michael R. Pendergraft, Greensboro, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by Edward C. Winslow, III, and Paul E. Marth, Greensboro, for defendant-appellee.

Miller, Johnston, Taylor & Allison by John B. Taylor and James W. Allison, Charlotte, for Associated General Contractors of America, Carolinas Branch, amicus curiae.

HARRY C. MARTIN, Judge.

It is unnecessary that we reach the interesting substantive question posed by plaintiff on this appeal: Is the defendant estopped to plead the Uniform Commercial Code statute of frauds, N.C.G.S. 25-2-201, in this construction bid case? We must address the jurisdictional issue raised on defendant's cross-assignment of error first, and in so doing we find that the trial court erred in not granting defendant's motion to dismiss for lack of

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