EMBREE CONST. GROUP v. RAFCOR, INC.

No. 132A90.

411 S.E.2d 916 (1992)

EMBREE CONSTRUCTION GROUP, INC. v. RAFCOR, INC., United Carolina Bank, Anthony J. Sapienza, Ronald Thomas Tedesco and Frederick Anthony Occhino.

Supreme Court of North Carolina.

January 10, 1992.


Attorney(s) appearing for the Case

Perry, Patrick, Farmer & Michaux, P.A. by Roy H. Michaux, Jr. and Timothy E. Cupp, Charlotte, for plaintiff-appellant.

Petree, Stockton & Robinson by Jackson N. Steele and B. David Carson, Charlotte, for defendant-appellee United Carolina Bank.

Casstevens, Hanner, Gunter, & Gordon, P.A. by Marc R. Gordon, Charlotte, for defendants-appellees Tedesco and Occhino.


EXUM, Chief Justice.

In this appeal we examine the sufficiency of a complaint to state a claim regarding two issues: (1) whether a contractor who alleges it satisfactorily completed the construction project is entitled to equitable relief in order to reach the balance of loan funds withheld by a construction lender, and (2) whether officers and directors of the owner corporation with which he contracted to build the project tortiously interfered with that contract...

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