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CAROLINA BUILDERS CORP. v. HOWARD-VEASEY HOMES, INC.

No. 8410SC323.

324 S.E.2d 626 (1985)

CAROLINA BUILDERS CORPORATION v. HOWARD-VEASEY HOMES, INC., First Federal Savings & Loan Association of Raleigh, Dan C. Austin, and V. Watson Pugh, d/b/a Tap Company, a North Carolina General Partnership, Herman Wolff, Jr., Attorney In Fact For V. Watson Pugh, and Rural Plumbing and Heating Inc. CAROLINA BUILDERS CORPORATION v. HOWARD-VEASEY HOMES, INC., First Federal Savings & Loan Association of Raleigh, Dan C. Austin, and V. Watson Pugh, d/b/a Tap Company, a North Carolina General Partnership, Herman Wolff, Jr., Attorney In Fact For V. Watson Pugh, and Rural Plumbing and Heating, Inc. and Cherokee Brick of North Carolina.

Court of Appeals of North Carolina.

January 15, 1985.

Attorney(s) appearing for the Case

Russell & Brewer, P.A. by Harold E. Russell, Jr., and Joyce A. Hamilton, and Joslin, Culbertson & Sedberry by William Joslin, Raleigh, for plaintiff-appellee.

Boyce, Mitchell, Burns & Smith, P.A. by G. Eugene Boyce and Susan K. Burkhart, Raleigh, for defendant TAP Co., appellant.

WHICHARD, Judge.

Defendant is a land development partnership. Plaintiff sells building supplies. In April or May, 1981, defendant orally agreed to sell and Veasey Homes, Inc. (Veasey) agreed to buy two lots owned by defendant. On 12 June 1981 defendant signed a deed conveying the lots to Veasey. On 14 June 1981 Veasey applied for building permits and on 15 June 1981 Veasey began clearing the lots. On 19 June 1981 plaintiff first supplied building materials to lot...

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