LUMSDEN v. LAWING

No. 915SC137.

421 S.E.2d 594 (1992)

107 N.C. App. 493

Frank A. LUMSDEN and Wife, Frances B. Lumsden v. Richard M. LAWING and Wife, Ann B. Lawing.

Court of Appeals of North Carolina.

October 6, 1992.


Attorney(s) appearing for the Case

Shipman & Lea by Gary K. Shipman, Wilmington, for plaintiff-appellants-appellees.

Easley & Bain, P.A. by Roy C. Bain, Wilmington, for defendant-appellants-appellees.


COZORT, Judge.

Defendants constructed a house in Wilmington, North Carolina, on a lot unsuitable for a septic tank system. Plaintiffs purchased the house from defendants in March 1987. In August 1987, plaintiffs began experiencing problems with the septic tank and contacted defendants for assistance. Defendants denied any responsibility for the system. On 14 April 1988, plaintiffs filed suit in New Hanover Superior Court alleging misrepresentation and breach of the...

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