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SCHENKEL & SHULTZ v. HERMON F. FOX

No. COA05-1604.

636 S.E.2d 835 (2006)

SCHENKEL & SHULTZ, INC. Formerly known as Schenkel & Shultz, Architects, P.A., Plaintiff, v. HERMON F. FOX & ASSOCIATES, P.C., Defendant.

Court of Appeals of North Carolina.

November 21, 2006.

Attorney(s) appearing for the Case

Kennedy Covington Lobdell & Hickman, LLP, by Kiran H. Mehta and Samuel T. Reaves, Charlotte, and Hamilton Martens Ballou & Sipe, LLC, by Herbert W. Hamilton, Rock Hill, for plaintiff-appellant.

Hamilton Moon Stephens Steels & Martin, PLLC, by David G. Redding and Adrianne Huffman Colgate, Charlotte, for defendant-appellee.

WYNN, Judge.

A right to indemnity may rest on the express contractual provisions between two parties and would therefore be triggered by a breach of that contract.1 Because we find a genuine issue of material fact remains as to whether the contract in this case did, in fact, expressly provide for the indemnification of Plaintiff Schenkel & Shultz, Inc. by Defendant Hermon F. Fox & Associates...

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