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SQUARE D CO. v. C.J. KERN CONTRACTORS, INC.

No. 530A84.

334 S.E.2d 63 (1985)

314 N.C. 423

SQUARE D COMPANY v. C.J. KERN CONTRACTORS, INC., and Six Associates, Inc.

Supreme Court of North Carolina.

September 5, 1985.

Attorney(s) appearing for the Case

Long, Howell, Parker & Payne, P.A. by Ronald K. Payne and Mary E. Arrowood, Asheville, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by James T. Williams, Jr., and Reid L. Phillips, Greensboro, and Roberts, Cogburn, McLure & Williams by Isaac N. Northup, Jr., Asheville, for defendant-appellee, C.J. Kern Contractors, Inc.

Kennedy, Covington, Lobdell & Hickman by F. Fincher Jarrell, Charlotte, for defendant-appellee, Six Associates, Inc.

FRYE, Justice.

Two basic issues are presented to this Court on plaintiff's appeal. The first issue is whether it was erroneous for the trial judge, under the facts of this case, to conclude as a matter of law that a contract to which a corporate seal had been affixed is not a contract under seal, and thus not governed by the ten-year statute of limitations contained within G.S. 1-47(2). The second issue is whether G.S. 1-50(5) and G.S. 1-15(c) are unconstitutional...

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