BAUM v. JOHN R. POORE BUILDER, INC.

No. COA06-636.

643 S.E.2d 607 (2007)

Edward S. BAUM and Ann F. Baum, Plaintiffs, v. JOHN R. POORE BUILDER, INC.; Peter J. Verna, P.E.; and C.S. Brown Tile & Marble, Inc., Defendants.

Court of Appeals of North Carolina.

May 1, 2007.


Attorney(s) appearing for the Case

Nexsen Pruet Adams Kleemeier, PLLC, by David S. Pokela, Greensboro, and Richard W. Wilson, Charlotte, for Plaintiffs-Appellants.

Clawson & Staubes, PLLC, by Michael J. Kitson, and James McElroy & Diehl, by Gary Hemric, Charlotte, for Defendant-Appellee John R. Poore Builder, Inc.

Joe T. Millsaps for Defendant-Appellee Peter J. Verna.

DeVore, Acton & Stafford, P.A., by Fred W. DeVore, III, Charlotte, for Defendant-Appellee Brown Tile & Marble, Inc.


STEPHENS, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

On 20 March 1995, Plaintiffs and John R. Poore Builder, Inc. ("Defendant Poore") entered into an agreement by which Defendant Poore "agreed to perform and furnish to [Plaintiffs] certain labor, materials, equipment, services, and supervision in connection with the design and construction of a house and other improvements" on Plaintiffs' property. Disagreements arose regarding the fulfillment of this contract...

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