GREENE, Judge.
William C. Hall and Frank J. Hall (the Halls), defendants in these consolidated cases, see N.C.R.App.P. 40 (1993) (this Court may, on its own initiative, consolidate cases which involve common issues of law), appeal from the trial court's grant of summary judgment for Sam Stockton Grading Company, Inc. (Stockton) and Johnson Paving Company, Inc. (Johnson),
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