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J.T. RUSSELL AND SONS v. SILVER BIRCH POND

No. COA11-159.

721 S.E.2d 699 (2011)

J.T. RUSSELL AND SONS, INC., Plaintiff v. SILVER BIRCH POND L.L.C., Defendant.

Court of Appeals of North Carolina.

December 6, 2011.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, by Brent F. Powell and John F. Morrow, Jr. , for plaintiff-appellant.

Crowe & Davis, P.A., Conover, by H. Kent Crowe , for defendant-appellee.

Hatch, Little & Bunn, LLP, Raleigh, by Harold W. Berry, Jr. , for Carolina Asphalt Pavement Association, amicus curiae.

CALABRIA, Judge.

J.T. Russell and Sons, Inc. ("plaintiff") appeal from a judgment entered upon a jury verdict finding that plaintiff breached a contract with Silver Birch Pond, L.L.C. ("defendant") and requiring plaintiff to pay $370,765.82 for this breach. We find no error in part and award plaintiff a new trial on the issue of damages.

I. Background

Plaintiff is an asphalt paving contractor located in Albemarle, North Carolina. Defendant...

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