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CYCLONE ROOFING CO. v. DAVID M. LAFAVE CO.

No. 181A84.

321 S.E.2d 872 (1984)

CYCLONE ROOFING COMPANY, INC., Plaintiff, v. DAVID M. LAFAVE COMPANY, INC., Defendant, and Joseph C. FRYE and Emma Gray Frye, Defendants and Third-Party Plaintiffs, v. David M. LAFAVE, Third-Party Defendant.

Supreme Court of North Carolina.

November 6, 1984.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A. by Robert C. Stephens and Susan Christman, Charlotte, for David M. LaFave Company, Inc., defendant.

Mraz & Boner by John A. Mraz and Richard D. Boner, Charlotte, for Joseph C. Frye and Emma Gray Frye, defendants and third-party plaintiffs.

MARTIN, Justice.

By contract dated 2 May 1978 Joseph C. Frye, Jr. and Emma Gray Frye (Fryes) engaged the services of David M. LaFave Company (LaFave Company) to build a house. David M. LaFave (LaFave) is president of LaFave Company. The contract price of $191,000 included a contractor's fee of $20,000, and the contract specified that construction of the house was to be completed by 15 May 1979.

During construction of the house disagreements arose among the...

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