CON CO, INC. v. WILSON ACRES APARTMENTS

No. 813SC385.

289 S.E.2d 633 (1982)

CON CO, INC. v. WILSON ACRES APARTMENTS, LTD., McGowan Builders, Inc., Kennedy Mortgage Company, Ford McGowan, Sr., and Ford McGowan, Jr.

Court of Appeals of North Carolina.

April 6, 1982.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith, Greensboro, for plaintiff-appellant.

Everett & Cheatham by Edward J. Harper, II and C. W. Everett, Sr., Greenville, for defendants-appellees Wilson Acres, Ltd., McGowan Builders, Inc., Ford McGowan, Sr. and Ford McGowan, Jr.

No counsel for Kennedy Mortgage Co.


WEBB, Judge.

At the outset we note that this action involves multiple parties. Judge Rouse found there was no just reason for delay as to both summary judgments. The judgments are appealable pursuant to G.S. 1A-1, Rule 54(b). See Industries, Inc. v. Insurance Co., 296 N.C. 486, 251 S.E.2d 443 (1979).

The facts which are not in dispute show that the plaintiff was a first tier subcontractor...

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