Thompson v. Horrell

The form of action alleged in the complaint determines whether a cause is local or transitory. Blevens v. Lumber Co., 207 N.C. 144, 176 S.E. 262. Plaintiff’s action is to recover monetary damages for the breach of a contract to construct a house. Its purpose is not to recover real property, not to determine an estate or interest in land, and not to recover for damages to realty. It is not, therefore, a local action within the meaning of G.S. 1-76(1), and defendant is not entitled to have the cause removed to Carteret County as a matter of right. Casstevens v. Membership Corp., 254 N.C. 746,…