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RON MEDLIN CONST. v. HARRIS

No. COA06-1665.

658 S.E.2d 6 (2008)

RON MEDLIN CONSTRUCTION, a Partnership, and George Ronald Medlin, Individually, Plaintiffs, v. Raymond A. HARRIS and Sarah N. Harris, Defendants, and Ron Medlin Construction, a Partnership, and GEORGE RONALD MEDLIN, Individually, Plaintiffs and Third Party Plaintiffs, v. Intracoastal Service, Inc.; John Bird, d/b/a Bird Roofing; Lindsay Wade Millsaps, d/b/a Engineered Plumbing; ED Newsome's Hardwood Flooring, Inc.; and The Paint Doctor, Third-Party Defendants.

Court of Appeals of North Carolina.

March 18, 2008.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Robin K. Vinson, Raleigh, for plaintiffs-appellants.

Shipman & Wright, L.L.P., by Gary K. Shipman and Matthew W. Buckmiller, Wilmington, for defendants-appellees.

JACKSON, Judge.

Ron Medlin Construction ("plaintiff Medlin Construction") and George Ronald Medlin ("plaintiff Medlin") (collectively "plaintiffs") appeal from an order granting a motion for summary judgment brought by Raymond A. Harris and Sarah N. Harris ("defendants"). For the following reasons, we reverse.

In September 2002, defendants entered into a written construction contract for a single-family residence to be built at 1770 Twisted Oak Lane SW in...

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