DELLINGER v. MICHAL

No. 8826SC515.

375 S.E.2d 698 (1989)

Kenneth E. DELLINGER, Plaintiff, v. Richard O. MICHAL and Carolyn S. Michal, Defendants.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Mitchell & Rallings by Thomas B. Rallings, Jr., and Robert W. Allen, Charlotte, for plaintiff.

Underwood, Kinsey & Warren, P.A. by C. Ralph Kinsey, Jr., and Richard L. Farley, Charlotte, for defendants.


LEWIS, Judge.

The record shows that on 17 May 1985 the parties entered into a contract for plaintiff to construct a house on defendants' land. The contract stated that "[t]he cost of the house will be figured on a cost plus 10% basis with a ceiling of $186,880.00" Plaintiff began construction around 10 June 1985 and continued construction through 2 March 1987. Several changes and additions were made to the contract after plaintiff began construction. Plaintiff alleged...

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