Sims v. Oakwood Mobile Homes, Inc.
Court of Appeals of North Carolina
Appeal by plaintiffs from Bailey, Judge. Judgment entered in 73CvS2782 on 15 November 1974, and judgment entered in 73CvS2781 on 22 November 1974. Heard in the Court of Appeals 10 June 1975. Plaintiffs brought suit against Virginia Homes Manufacturing Corporation (Virginia) for breach of contract and negligence in the construction, delivery and manufacture of a mobile home.
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Appeal by plaintiffs from Bailey, Judge. Judgment entered in 73CvS2782 on 15 November 1974, and judgment entered in 73CvS2781 on 22 November 1974. Heard in the Court of Appeals 10 June 1975. Plaintiffs brought suit against Virginia Homes Manufacturing Corporation (Virginia) for breach of contract and negligence in the construction, delivery and manufacture of a mobile home. Plaintiffs also sued Oakwood Mobile Homes, Inc., (Oak-wood) for negligence in the construction, delivery and manufacture of the same mobile home. The actions were consolidated for trial. Oakwood filed a third-party…
1Opinion of the Court
MARTIN, Judge.
Instead of proceeding against defendants for breach of contract or warranty, plaintiffs seek to recover in tort alleging that defendants negligently constructed and installed their mobile home.
Negligent performance of a contract may constitute a tort as well as a breach of contract, the theory being that accompanying every contract is a common-law duty to perform with ordinary care the thing agreed to be done. Pinnix v. Toomey, 242 N.C. 858, 87 S.E. 2d 893 (1955). See also Insurance Co. v. Sprinkler Co., 266 N.C. 134, 146 S.E. 2d 53 (1966) and Toone v. Adams, 262 N.C. 403, 137…
2Cases cited3 opinions
- Pinnix v. ToomeySupreme Court of North Carolina · 1955
- Toone v. AdamsSupreme Court of North Carolina · 1964
- Firemen's Mutual Insurance v. High Point Sprinkler Co.Supreme Court of North Carolina · 1966
3Cited by4 opinions
- Spartan Leasing Inc. v. PollardCourt of Appeals of North Carolina · 1991
- Spillman v. American Homes of Mocksville, Inc.Court of Appeals of North Carolina · 1992
- North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.Court of Appeals of North Carolina · 1977
- Wm Sims v. Mobile Homes, Inc.Supreme Court of North Carolina · 1975