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KIRBY BLDG. SYSTEMS, INC. v. McNIEL

No. 222PA89.

393 S.E.2d 827 (1990)

327 N.C. 234

KIRBY BUILDING SYSTEMS, INC., A Texas Corporation, v. Monroe E. McNIEL, Defendant and Third-Party Plaintiff, v. Jerry W. FOLEY, d/b/a Foley Construction Company and James O. Morton, Jr. and wife, Rebecca P. Morton, Third-Party Defendants.

Supreme Court of North Carolina.

July 26, 1990.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, by Susan M. Parker, Raleigh, for plaintiff-appellant.

Wheatly, Wheatly, Nobles, Weeks & Wainwright, P.A. by C.R. Wheatly, III, Beaufort, for defendant and third-party plaintiff-appellee Monroe E. McNiel.

Bailey & Dixon by Gary S. Parsons and Patricia P. Kerner, Raleigh, for third-party defendant appellees James O. and Rebecca P. Morton.

MEYER, Justice.

In this case we decide that the 14 April 1986 decision of the trial court should be affirmed. Because our decision is in large measure one based upon a procedural matter, we set out the posture of the case at some length.

Plaintiff Kirby Building Systems, Inc. (hereinafter Kirby) is a supplier of prefabricated structural steel and sheet metal building materials. Kirby alleged that defendant McNiel ordered Kirby products for use in the construction...

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