Crain & Denbo, Inc. v. Harris & Harris Construction Co.

The rules applicable when considering a plea in abatement on the ground that “ (t) here is another action pending between the same parties for the same cause” (G.S. 1-127 (3)) are stated, with full citation of authority, by Ervin, J., in McDowell v. Blythe Brothers Co., 236 N.C. 396, 72 S.E. 2d 860, and by Winbome, J. (now C.J.), in Dwiggins v. Bus Co., 230 N.C. 234, 52 S.E. 2d 892.

The plea in abatement by Harris & Harris is good only if (1) Crain & Denbo could obtain the same relief against Harris & Harris by counterclaim in the Durham action, and (2) a judgment in favor of Harris & Harris…