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NOEL WILLIAMS MASONRY, INC. v. VISION CONTRACTORS OF CHARLOTTE, INC.

No. 9026SC1073.

406 S.E.2d 605 (1991)

103 N.C. App. 597

NOEL WILLIAMS MASONRY, INC., Plaintiff, v. VISION CONTRACTORS OF CHARLOTTE, INC., Mutual Savings and Loan Association of Charlotte, North Carolina, J.L. Carter, Jr., Trustee, Gibson L. Smith, Jr., Trustee, Ashley L. Hogewood, Jr., Trustee, R. Brandt Deal, Trustee, and Dennis W. McNames, Trustee, McClure Lumber Company and E.L. Morrison Lumber Company, Inc., Defendants.

Court of Appeals of North Carolina.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Gerdes, Mason, Wilson & Simpson by David T. Simpson, Jr., and Robert W. Allen, Charlotte, for plaintiff-appellant, Noel Williams Masonry, Inc.

Williams, Boger, Grady, Davis & Tuttle, P.A. by Samuel F. Davis, Jr., Concord, for defendant-appellant, E.L. Morrison Lumber Co., Inc.

Mitchell & Rallings by Thomas B. Rallings, Jr., Charlotte, for defendant-appellant, McClure Lumber Co.

Horack, Talley, Pharr & Lowndes, P.A. by Robert C. Stephens and James H. Pulliam, Charlotte, for defendant-appellee, Mut. Sav. & Loan Ass'n.

COZORT, Judge.

A lending institute loaned money to a contractor for development of a piece of property in Charlotte. The lender accepted a deed of trust on the property from the contractor as security for the loan; however, when the lender recorded the deed of trust, it failed to record a legal description of the property. The contractor defaulted on its payments to the lender and to subcontractors who provided materials and services. Three subcontractors obtained...

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