Legal Opinion

SMS Constr., Inc. v. Wittels

Court of Appeals of North Carolina

Decided February 6, 2018No. COA16-1081Published

1Opinion of the CourtStroud, Judge

Defendant appeals three orders. We affirm.

I. Background

On 23 September 2011, plaintiff filed a complaint against defendant regarding a dispute over construction work on defendant's home. Plaintiff alleged that it is a corporation "organized and existing under the laws of the State of North Carolina" and conducting "its business under the trade name of 'Macko Construction[.]' " The complaint alleged that in November of 2010 defendant's "realtor[ ] asked Plaintiff to prepare a repair estimate for" improvements needed due to water damage on a house defendant was going to purchase; plaintiff…

2Cases cited6 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. In Re the Will of JonesSupreme Court of North Carolina · 2008
  3. Terry's Floor Fashions, Inc. v. Crown General Contractors, Inc.Court of Appeals of North Carolina · 2007
  4. Egelhof Ex Rel. Red Hat, Inc. v. SzulikCourt of Appeals of North Carolina · 2008
  5. BUNN LAKE PROPERTY OWNER'S ASS'N v. SetzerCourt of Appeals of North Carolina · 2002

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