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KEENER LUMBER CO., INC. v. PERRY

No. COA00-1525.

560 S.E.2d 817 (2002)

KEENER LUMBER COMPANY, INCORPORATED, Plaintiff v. Leon W. PERRY, III and Conn Trucking, Inc., Defendants.

Court of Appeals of North Carolina.

March 5, 2002.

Attorney(s) appearing for the Case

Mast, Schulz, Mast, Mills & Stem, P.A. by George B. Mast, Bradley N. Schulz and David F. Mills, Smithfield, for plaintiff-appellee.

Kennedy, Covington, Lobdell & Hickman, L.L.P. by John L. Sarratt and Amie Flowers Carmack, Raleigh, for defendant-appellant Leon W. Perry, III.

HUNTER, Judge.

Defendant Leon W. Perry, III ("Perry") appeals from the trial court's judgment (1) upholding a jury verdict that Perry committed constructive fraud, and (2) determining as a matter of law that Perry's conduct in his business relationship with Keener Lumber Company, Inc. ("plaintiff") amounted to an unfair and deceptive practice. We affirm in part, reverse in part, and remand in part for a new trial on plaintiff's constructive fraud claim.

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