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LAND v. TALL HOUSE BLDG. CO.

No. COA03-1083.

602 S.E.2d 1 (2004)

Harry LAND and wife, Kathy Land, Plaintiffs, v. TALL HOUSE BUILDING CO., Defendant, and Assurance Company of America, Inc., as assignee of Tall House Building Co., Third-Party Plaintiff, v. Dryvit Systems, Inc.; Colin W. McKean, Individually and d/b/a Southern Synthetic & Plaster; Edward McKean, Individually and d/b/a Southern Synthetic & Plaster; Pickard Roofing Company, Inc.; and Marvin Windows, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

August 17, 2004.

Attorney(s) appearing for the Case

Dean & Gibson, L.L.P., by Christopher J. Culp, Charlotte; and Dinsmore & Shohl, L.L.P., by Joseph N. Tucker, Louisville, KY and Julie Muth Goodman, Lexington, for Assurance Company of America, Inc., appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Hada V. Haulsee and David J. Mazza, Winston-Salem, for Dryvit Systems, Inc., appellee.

McCULLOUGH, Judge.

Assurance Company of America, Inc. ("ACA"), as assignee of Tall House Builders, Inc. ("Tall House"), appeals from an order granting summary judgment to Dryvit Systems, Inc. ("Dryvit").

The forecast of evidence tended to show that Harry and Kathy Land ("The Lands") entered into a contract with Tall House in which Tall House agreed to serve as the general contractor for the construction of a residence in Durham County, North Carolina. Tall...

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