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McCLURE LUMBER CO. v. HELMSMAN CONST., INC.

No. COA02-1078.

585 S.E.2d 234 (2003)

McCLURE LUMBER COMPANY, a North Carolina Corporation, Plaintiff, v. HELMSMAN CONSTRUCTION, INC., a North Carolina Corporation, Robert F. Helms, individually and Vernon E. Nash, Jr., Defendants. McClure Lumber Company, a North Carolina Corporation, Plaintiff, v. Helmsman Construction, Inc., Robert F. Helms and Helmsman Construction Company, Inc. a/k/a Helmsman Construction, Inc., Defendants.

Court of Appeals of North Carolina.

September 2, 2003.

Attorney(s) appearing for the Case

Miller & Miller, by J. Jerome Miller, Charlotte, for plaintiff appellant.

Johnston, Allison & Hord, P.A., by Greg C. Ahlum and Alicia Almeida Bowers, Charlotte, for defendants appellees.

ELMORE, Judge.

On or about 26 May 1999, subcontractor McClure Lumber Company ("plaintiff" or "McClure Lumber") entered into four separate construction contracts with a general contractor, defendant Helmsman Construction, Inc. ("Helmsman"), whereby McClure Lumber agreed to provide building materials and services in connection with the construction of four homes on Lots One, Two, Three, and Four in Union County, North Carolina (collectively, the "Projects"). Lots Two...

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