Legal Opinion

Thermal Design, Inc. v. M&M Builders, Inc.

Court of Appeals of North Carolina

Decided September 7, 2010No. COA09-1409PublishedCited by 4 opinions

1Opinion of the Court

HUNTER, JR., Robert N., Judge.

The trial court granted summary judgment in favor of Thermal Design, Inc. (“plaintiff’), on its claim for breach of contract and unjust enrichment against M&M Builders, Inc. (“M&M”), and the Hanover Insurance Company (collectively “defendants”). In its complaint, plaintiff alleged that M&M wrongfully failed to pay the purchase price for a custom-manufactured roofing and insulation system (the “Custom Roof’) per the parties’ written agreement. Defendants appeal the judgment, and argue that the trial court erred in granting plaintiff’s summary judgment motion…

2Cases cited10 opinions

  1. In Re Appeal of the Greens of Pine Glen Ltd. PartnershipSupreme Court of North Carolina · 2003
  2. Merritt-Campbell, Inc., Plaintiff-Counter Defendant-Appellee-Cross-Appellant v. Rxp Products, Inc., Defendant-Counter Plaintiff-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1999
  3. C. R. Fedrick, Inc. v. Borg-Warner CorporationCourt of Appeals for the Ninth Circuit · 1977
  4. American Trust Co. v. Catawba Sales & Processing Co.Supreme Court of North Carolina · 1955
  5. Wachovia Bank & Trust Co., N.A. v. RubishSupreme Court of North Carolina · 1982

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3Cited by4 opinions

  1. Lloyd v. Norfolk Southern Railway Co.Court of Appeals of North Carolina · 2013
  2. Colorado Bankers Life Insurance Company v. Academy Financial Assets, LLCDistrict Court, E.D. North Carolina · 2021
  3. Duke Energy Carolinas, LLC v. Ag Ins. sa/nvNorth Carolina Business Court · 2018
  4. Nexus Technologies, Inc. v. Unlimited Power Ltd.District Court, W.D. North Carolina · 2020

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