BURKE COUNTY PUB. SCHOOLS BD. v. JUNO CONST.

No. 8225SC983.

306 S.E.2d 557 (1983)

BURKE COUNTY PUBLIC SCHOOLS BOARD OF EDUCATION v. JUNO CONSTRUCTION CORPORATION and Statesville Roofing & Heating Company.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Simpson, Aycock, Beyer & Simpson, P.A. by Samuel E. Aycock, Morganton, for plaintiff.

Raymer, Lewis, Eisele, Patterson & Ashburn by Douglas G. Eisele, Statesville, for defendant Statesville Roofing & Heating Company.


WELLS, Judge.

In its first assignment of error, defendant argues that the trial court erred in denying its motion to amend the pleadings to allege unenforceability of the roof maintenance contract. This identical motion was made by defendant, and denied by the court in the initial trial of this case in 1979. The trial court's denial of the motion to amend was affirmed by this court in Board of Education v. Construction Corp., supra.

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