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E.L. SCOTT ROOFING CO., INC. v. STATE

No. 8610SC156.

346 S.E.2d 515 (1986)

E.L. SCOTT ROOFING CO., INC. v. STATE of North Carolina and Pennsylvania National Mutual Casualty Insurance Company.

Court of Appeals of North Carolina.

August 5, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. T. Buie Costen, Raleigh, for State.

White, Allen, Hooten, Hodges & Hines by John M. Martin, Kinston, for plaintiff-appellant.

Henson, Henson & Bayliss by Perry C. Henson, Jr. and J. Victor Bowman, for Pa. Nat. Cas. Ins. Co., Greensboro, for defendant-appellant.

MARTIN, Judge.

Scott and Pennsylvania National, having filed a joint brief in this Court, take the same position on appeal. They contend the trial court erred in concluding as a matter of law that Scott was contractually liable to the State for damages to the interior of Dudley Hall. We agree.

The State neither alleges nor contends that Scott was negligent in any respect in its performance of the work; rather the State claims that it had the right to withhold...

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