FIVE OAKS HOMEOWNERS v. EFIRDS PEST CONTROL

No. 8414SC963.

331 S.E.2d 296 (1985)

FIVE OAKS HOMEOWNERS ASSOCIATION, INC. v. EFIRDS PEST CONTROL COMPANY.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Everett & Hancock by S. Allen Patterson, II, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by D. James Jones, Jr. and Theodore B. Smyth, Raleigh, for defendant-appellee.


PARKER, Judge.

The fact is undisputed that the termite inspection contract required annual reinspection payments and allowed automatic termination without notice upon failure to make the payments. Plaintiff admits that it failed to pay the annual reinspection fee for 1981 and 1982. Plaintiff contends that summary judgment was inappropriate. Plaintiff argues that having received an invoice for reinspection fees at the end of the first year, it was entitled to rely...

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