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ONE NORTH McDOWELL v. McDOWELL DEV. CO.

No. 8926SC893.

389 S.E.2d 834 (1990)

98 N.C. App. 125

ONE NORTH McDOWELL ASSOCIATION OF UNIT OWNERS, INC.; Peazel Tree Associates, a North Carolina General Partnership; A. Ray Mathis, Samuel M. Millette and Robert G. Sanders, partners; Rodney S. Toth; Arthur S. Long, III, and wife, Cynthia S. Long; Ronald C. Williams; George L. Fitzgerald; W. Thomas Ray, and wife, Margaret W. Ray; George Daly, and wife, Mary H. Daly; Parker Whedon; and Bart William Shuster, Plaintiffs, v. McDOWELL DEVELOPMENT COMPANY, a North Carolina General Partnership; B.D. Rodgers, Edwin E. Harris, Hugh G. Casey, Jr., and Hal H. Tribble; Rodgers Builders, Inc.; P.C. Godfrey, Inc.; and Hal H. Tribble, Architect, Defendants.

Court of Appeals of North Carolina.

April 3, 1990.

Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Jr., Charlotte, for plaintiff-appellants.

Weinstein & Sturgis, P.A. by James P. Crews and Michael C. Daisley, Charlotte, for defendant-appellee P.C. Godfrey, Inc.

Smith, Helms, Mullis & Moore by W. Donald Carroll, Jr., and William R. Purcell II, Charlotte, for defendant-appellees McDowell Development Co. and Harris, Casey, and Tribble.

Jones, Hewson & Woolard by H.C. Hewson, Charlotte, for defendant-appellees Rodgers Builders, Inc., and B.D. Rodgers.

WELLS, Judge.

The pertinent language of the extension agreements provides that defendants will not "assert any defense ... based upon the expiration of any statute of limitations[.]" Defendants contend that this language does not preclude them from raising a defense based on G.S. § 1-50(5)1 because this statute has been construed by our courts to be a "statute of repose," whereas the language...

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