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VANCE CONST. CO., INC. v. DUANE WHITE LAND CORP.

No. COA96-1504.

490 S.E.2d 588 (1997)

VANCE CONSTRUCTION COMPANY, INC., Plaintiff, v. DUANE WHITE LAND CORPORATION, Defendant, and Eaton Ferry Marina, Inc., Intervenor.

Court of Appeals of North Carolina.

October 7, 1997.

Attorney(s) appearing for the Case

Banzet, Banzet & Thompson by Lewis A. Thompson, III, Warrenton, for defendant/intervenor appellant.

Zollicoffer & Long by Nicholas Long, Jr., Henderson, for plaintiff appellee.

SMITH, Judge.

In February of 1990, Vance Construction Company, Inc. ("plaintiff"), agreed to build a boat storage facility for Duane White Land Corporation, predecessor to Eaton Ferry Marina, Inc. (collectively "defendant"). Plaintiff subsequently filed this action in Warren County Superior Court seeking to recover the balance due from defendant for the construction of the boat storage facility. Defendant counterclaimed for damages as a result of defects in the facility...

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