RUSSELL v. BAITY

No. 8823SC1386.

383 S.E.2d 217 (1989)

95 N.C. App. 422

Jeffrey Steven RUSSELL and wife, Stephney Wright Russell, Plaintiffs-Appellees, v. Darold T. BAITY d/b/a Baity's Heating and Air Conditioning Company; and Puckett Enterprises, Inc., Defendants-Appellants.

Court of Appeals of North Carolina.

September 5, 1989.


Attorney(s) appearing for the Case

Shore, Hudspeth and Harding by N. Lawrence Hudspeth, Yadkinville, for plaintiffs-appellees.

David F. Tamer, Winston-Salem, for defendant-appellant Baity.

No brief for defendant, Puckett Enterprises, Inc., appellee.


HEDRICK, Chief Judge.

Defendant argues "the trial court erred in denying the motions of defendant Baity to dismiss at the close of all the plaintiff's evidence." Defendant contends that since plaintiffs "undertook to build their own house ... [plaintiffs] had a substantial responsibility to fully investigate the component parts of the house...." Defendant further argues somewhat confusingly that even though the written contract signed by the parties on 1 February...

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