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ALAMANCE CTY. BD. OF EDUCATION v. BOBBY MURRAY CHEVROLET, INC.

No. 9422SC668.

465 S.E.2d 306 (1996)

ALAMANCE COUNTY BOARD OF EDUCATION, Albemarle City Board of Education, Brunswick County Board of Education, Cabarrus County Board of Education, Caldwell County Board of Education, Dare County Board of Education, Davidson County Board of Education, Elizabeth City-Pasquotank Board of Education, Halifax County Board of Education, Henderson County Board of Education, Hickory City Board of Education, Lexington City Board of Education, Macon County Board of Education, Madison County Board of Education, Martin County Board of Education, New Hanover County Board of Education, Orange County Board of Education, Pamlico County Board of Education, Randolph County Board of Education, Reidsville City Board of Education, Richmond County Board of Education, Scotland County Board of Education, Surry County Board of Education, Swain County Board of Education, Transylvania County Board of Education, Tyrrell County Board of Education, Wake County Board of Education, Winston-Salem/Forsyth County Board of Education, Plaintiffs, v. BOBBY MURRAY CHEVROLET, INC., Defendant and Third-Party Plaintiff, v. GENERAL MOTORS CORPORATION, Third-Party Defendant.

Court of Appeals of North Carolina.

January 2, 1996.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt, Miller, Smith & Coles by Walter F. Brinkley and S. Ranchor Harris, Lexington, for plaintiffs-appellees.

Gulley, Kuhn & Taylor, L.L.P. by Jack P. Gulley and David J. Kuhn, Raleigh, for defendant-appellant.

JOHN, Judge.

Defendant Bobby Murray Chevrolet, Inc. (Bobby Murray) appeals the trial court's entry of summary judgment in favor of plaintiffs, a number of North Carolina school boards (plaintiffs; school boards), on their respective claims for breach of contract. Defendant contends application of N.C.G.S. § 25-2-615 (1995) regarding commercial impracticability operates under the facts of the case sub judice to excuse its performance under the contracts...

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