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MAINTENANCE EQUIPMENT CO., INC. v. GODLEY BUILDERS

No. 9126SC458.

420 S.E.2d 199 (1992)

107 N.C. App. 343

MAINTENANCE EQUIPMENT COMPANY, INC., a North Carolina Corporation, and Dixie Rental Company of Charlotte, Inc., a North Carolina Corporation, Plaintiffs, v. GODLEY BUILDERS, a North Carolina Corporation, McWhirter Grading Co., a North Carolina Corporation and William C. Godley, Individually, Defendants.

Court of Appeals of North Carolina.

September 1, 1992.

Attorney(s) appearing for the Case

Cecil Curtis, and Wade and Wade by J.J. Wade, Jr. and James H. Wade, Charlotte, for plaintiff-appellee.

Dean & Gibson by Rodney Dean and Suzanne Baldwin Leitner, Charlotte, for defendant-appellants Godley Builders and William C. Godley.

WALKER, Judge.

At the outset, we note this appeal concerns only plaintiff Maintenance Equipment Company and defendants Godley Builders and William C. Godley since plaintiff Dixie Rental Company did not appeal and the trial court's dismissal of the claim against McWhirter Grading Company was not appealed.

Defendants assign as error the denial of its motion for a directed verdict at the end of plaintiffs' case and at the end of all the evidence. In ruling on...

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