PEMBEE MFG. CORP. v. CAPE FEAR CONST. CO.

No. 8316SC979.

317 S.E.2d 41 (1984)

PEMBEE MFG. CORP. v. CAPE FEAR CONSTRUCTION CO., INC., T.R. Driscoll Sheet Metal Works, Inc., and Koonce, Noble and Associates, Inc.

Court of Appeals of North Carolina.

July 3, 1984.


Attorney(s) appearing for the Case

Hollowell & Silverstein, P.A. by Thaddeus B. Hodgdon, Everett E. Dodd, Raleigh, and Ward, Strickland & Kinlaw by Earl H. Strickland, Lumberton, for plaintiff-appellant.

McLean, Stacy, Henry & McLean by Dickson McLean, Jr., Lumberton, for defendant-appellee Cape Fear Const. Co., Inc.

Lee & Lee by David F. Branch, Jr., Lumberton, for defendants-appellees T.R. Driscoll Sheet Metal Works, Inc., and Koonce, Noble and Associates, Inc.


VAUGHN, Chief Judge.

Two questions are presented on this appeal: (1) Was the cause of action alleged by defendants barred by the three-year statute of limitations? and (2) Does the doctrine of equitable estoppel apply to prevent defendants from asserting the bar of the statute of limitations?

Plaintiff's first contention is that the record is too bare to permit summary judgment.

In reviewing a motion for summary judgment we must look at the record...

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