North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.

ARNOLD, Judge.

Error is assigned to the granting of defendants’ motion to dismiss under Rule 12(b) (6). Plaintiff contends that the court “misapplied and misconstrued” the law on the statutes of limitation. Several arguments are presented by plaintiff in support of its position.

First, plaintiff argues that the proper statute of limitations is ten years [G.S. 1-47(2)] because the construction contract bears Dickerson’s corporate seal and the contract is therefore a sealed instrument. This question cannot be considered, however, since that contract is not part of the record before this Court,…