GREENSBORO, ETC. v. KIRKPATRICK, ETC.

No. 8118SC493.

289 S.E.2d 115 (1982)

GREENSBORO HOUSING AUTHORITY v. KIRKPATRICK & ASSOCIATES, INC. v. TALLEY ELECTRIC COMPANY.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

James R. Turner, Greensboro, for plaintiff-appellant.

Block, Meyland & Lloyd, P. A. by Michael R. Pendergraft, Greensboro, for defendant-appellee Kirkpatrick & Associates, Inc.

Smith, Moore, Smith, Schell & Hunter by Stephen P. Millikin and Maureen J. Demarest, Greensboro, for third-party defendant-appellee Talley Elec. Co.


WHICHARD, Judge.

The court based its involuntary dismissal on conclusions that (1) no breach of contract occurred, and (2) if any breach occurred, it could have been discovered by plaintiff in the exercise of reasonable diligence. Its findings of fact, which are supported by competent evidence, sustain its conclusions. We therefore affirm.

The essential facts are:

Plaintiff contracted with Kirkpatrick for the construction of a housing project according...

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