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DOUGLAS v. McVICKER

No. COA01-969.

564 S.E.2d 622 (2002)

Duane H. DOUGLAS d/b/a Douglas Construction, Plaintiff, v. Marilyn G. McVICKER and Ellen E. Kinnear, Defendants.

Court of Appeals of North Carolina.

June 18, 2002.

Attorney(s) appearing for the Case

Ferikes & Bleynat, PLLC, by Edward L. Bleynat, Jr., Asheville, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by W. Perry Fisher, II and Laurie F. Lassiter, Asheville, for defendants-appellants.

TYSON, Judge.

I. Facts

Marilyn G. McVicker and Ellen E. Kinnear ("defendants") entered into a contract ("Contract") with Duane H. Douglas d/b/a Douglas Construction ("plaintiff") for the construction of defendants' house on or about 31 July 1999. On or about 25 September 2000, plaintiff presented defendants with an invoice in the amount of $40,000.00. Defendants refused to pay the invoice and plaintiff temporarily suspended work pending receipt of...

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