Land v. Tall House Building Co.

McCullough, judge.

Assurance Company of America, Inc. (“ACA”), as assignee of Tall House Builders, Inc. (“Tall House”), appeals from an order granting summary judgment to Dryvit Systems, Inc. (“Dryvit”).

The forecast of evidence tended to show that Harry and Kathy Land (“The Lands”) entered into a contract with Tall House in which Tall House agreed to serve as the general contractor for the construction of a residence in Durham County, North Carolina. Tall House used direct exterior finish systems (“DEFS”). Dryvit was the manufacturer of the DEFS, also known as Fastrak System 4000, and Southern…