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FCR GREENSBORO, INC. v. C & M INV. OF HIGH POINT, INC.

No. COA94-979.

459 S.E.2d 292 (1995)

119 N.C. App. 575

FCR GREENSBORO, INC., Plaintiff, v. C & M INVESTMENTS OF HIGH POINT, INC. and C. Wayne McDonald, Defendants.

Court of Appeals of North Carolina.

July 18, 1995.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. by Reid L. Phillips and James C. Adams, II, Greensboro, for plaintiff-appellee.

Elrod Lawing & Sharpless, P.A. by Frederick K. Sharpless, Greensboro, for defendants-appellants.

ARNOLD, Chief Judge.

Defendant contends that the trial court erred in denying defendant's motion to vacate or modify the arbitration award, and in confirming the award and entering judgment thereon because the arbitrator exceeded his authority by: (1) awarding liquidated damages not within the scope of the parties' agreement to arbitrate, and (2) awarding monies for changes in the sprinkler system, a controversy not within the scope of the parties' agreement to arbitrate...

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