Bumgarner & Bowman Builders, Inc. v. Hollar

The record and brief contained no assignments of error as required by Rules 19(c) and 28, Rules of Practice in the Court of Appeals of North Carolina. This failure to comply with the rules would in this case ordinarily present for review only errors appearing on the face of the record proper. Trust Co. v. Henry, 267 N.C. 263, 148 S.E. 2d 7 (1966). We have, nevertheless, considered the exceptions listed in the record.

The primary question presented by plaintiff’s exceptions is whether the shed being constructed violates the restrictions contained in the deed, specifically paragraphs 2, 4 and 5…