BUTLER & SIDBURY v. GREEN ST. BAPTIST CH.

No. 8726SC1023.

367 S.E.2d 380 (1988)

BUTLER & SIDBURY, INC., Plaintiff, v. GREEN STREET BAPTIST CHURCH and its trustees, Defendant.

Court of Appeals of North Carolina.

May 3, 1988.


Attorney(s) appearing for the Case

Miller, Johnston, Taylor and Allison by John B. Taylor and Greg C. Ahlum, and Henderson & Shuford by William A. Shuford, Charlotte, for plaintiff.

Haworth, Riggs, Kuhn, Haworth and Miller by John Haworth and Susan H. Thomas, High Point, for defendant.


PARKER, Judge.

Plaintiff brings forward four assignments of error: that the trial court erred (i) in failing to instruct the jury regarding the owner's implied warranty of plans and specifications; (ii) in admitting a portion of defendant's expert testimony; (iii) in instructing the jury on the method to determine defendant's damages; and (iv) in failing to apply the balance due on the contract to offset the jury's damage award.

In support of its first assignment...

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