HAWKINS v. HOLLAND

Nos. 8927SC150, 8927SC151.

388 S.E.2d 221 (1990)

97 N.C. App. 291

Bobby H. HAWKINS and wife, Angela L. Hawkins v. Richard C. HOLLAND, d/b/a Richard C. Holland Contractor. Ricky W. HOLLIFIELD and wife, Melisa L. Hollifield v. Richard C. HOLLAND, d/b/a Richard C. Holland Contractor.

Court of Appeals of North Carolina.

February 6, 1990.


Attorney(s) appearing for the Case

O. Max Gardner, III, Shelby, for plaintiff appellees.

Lackey & Lackey by N. Dixon Lackey, Jr., Shelby, for defendant appellant.


PHILLIPS, Judge.

In each appeal defendant poses four identical questions, two of which are encompassed by the other two—Did the court err in (1) dismissing defendant's counterclaim for the unpaid balance of the construction contract, and in (2) holding defendant liable for the payments received on the construction contracts?

As to the first question, we hold that dismissing defendant's counterclaim by summary judgment was not error. For the written...

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