BARRETT, ROBERT & WOODS, INC. v. ARMI

No. 8115SC1185.

296 S.E.2d 10 (1982)

BARRETT, ROBERT & WOODS, INC. v. Clement Edson ARMI.

Court of Appeals of North Carolina.

October 19, 1982.


Attorney(s) appearing for the Case

Chambers, Ferguson, Watt, Wallas, Adkins & Fuller by James C. Fuller, Jr., Charlotte, for plaintiff-appellee.

Powe, Porter & Alphin by Charles R. Holton and Laura B. Luger, Durham, for defendant-appellant.


HILL, Judge.

Defendant first assigns error to the trial court's rejection of his licensing defense, a defense raised for the first time in defendant's motion for summary judgment and reasserted by defendant at trial in a motion to dismiss. The court rejected the defense on two bases: that it was not properly raised because defendant never asserted it in his pleadings or amended pleadings; and that, even if properly raised, it should be rejected because plaintiff was...

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