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CENTRAL SYSTEMS, INC. v. GENERAL HEATING, ETC.

No. 7926SC667.

268 S.E.2d 822 (1980)

48 N.C. App. 198

CENTRAL SYSTEMS, INC. v. GENERAL HEATING & AIR CONDITIONING COMPANY OF GREENVILLE, INC., and Yeargin Construction Company, Inc.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Hamel, Hamel, Welling, Pearce & Weaver by Hugo A. Pearce, III, Charlotte, for plaintiff-appellant.

Harkey, Faggart, Coira, Fletcher & Lambeth by Francis M. Fletcher, Jr. and Philip D. Lambeth, Charlotte, for defendant-appellee.

WEBB, Judge.

It is clear that this action is deemed to have been commenced on 28 July 1978 since this endorsement to the summons was made more than 90 days after the last previous endorsement. See G.S. 1A-1, Rule 4(e). The plaintiff contends this action is not barred by G.S. 1-52(1) because it is based on a contract under seal. The defendant contends the contract is not under seal but if it is, the action is nevertheless barred because there has been a voluntary dismissal...

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