Robbins v. C. W. Myers Trading Post, Inc.

This case was here on a former appeal by defendant, and a new trial was awarded, because of the admission of incompetent evidence. Robbins v. Trading Post, 251 N.C. 663, 111 S.E. 2d 884.

The pleadings of the parties, consisting of a complaint and answer, in both trials are identical. The complaint alleges that defendant contracted to construct for plaintiffs on their land "a dwelling house according to certain plans and specifications and ‘complete in a satisfactory manner and as a first class turn-key job, the entire construction of said dwelling’ ” for $10,000.00, the completion of the…