Legal Opinion

Kabatnik v. Westminster Co.

Court of Appeals of North Carolina

Decided September 6, 1983No. 8218SC553PublishedCited by 21 opinions

1Opinion of the Court

JOHNSON, Judge.

The question presented by this appeal is whether the trial court’s grant of defendant’s motion for directed verdict on the grounds of res judicata and collateral estoppel was proper. The court’s ruling was based on the prior action of Simkins v. Kabatnik, which involved an agreement that was similar to the contract in this case in several respects: (1) it involved the rendering of architectural services by Kabatnik; (2) it involved the same construction project; (3) it contained a provision for the reimbursement of Simkins by Kabatnik for architectural advancements. Simkins v.…

2Cases cited5 opinions

  1. King v. GrindstaffSupreme Court of North Carolina · 1973
  2. Masters v. DunstanSupreme Court of North Carolina · 1962
  3. Gaither Corporation v. SkinnerSupreme Court of North Carolina · 1955
  4. Barnes Ex Rel. Underwood v. McGeeCourt of Appeals of North Carolina · 1974
  5. Teague v. AlexanderCourt of Appeals of North Carolina · 1978

3Cited by21 opinions

  1. Moody v. Able Outdoor, Inc.Court of Appeals of North Carolina · 2005
  2. Caswell Realty Associates I, L.P. v. Andrews Co.Court of Appeals of North Carolina · 1998
  3. Stafford v. County of BladenCourt of Appeals of North Carolina · 2004
  4. Chrisalis Properties, Inc. v. Separate Quarters, Inc.Court of Appeals of North Carolina · 1990
  5. Shelton v. FairleyCourt of Appeals of North Carolina · 1984

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