Legal Opinion

Cabarrus Cty. v. SYSTEL BUSINESS EQUIPMENT CO., INC.

Court of Appeals of North Carolina

Decided July 5, 2005No. COA04-1221PublishedCited by 8 opinions

1Opinion of the Court

WYNN, Judge.

Under North Carolina law, any county obligation evidenced by an agreement to pay money shall include a preaudit certificate signed by a finance officer. N.C. Gen. Stat. § 159-28(a) (2004). In this appeal, Plaintiff Cabarrus County contends that a settlement agreement between itself and Defendant Systel Business Equipment Company, Inc., which did not include a signed preaudit certificate, was invalid. Because the settlement agreement failed to meet the statutory requirements, we hold that the agreement was unenforceable. Accordingly, we reverse the trial court’s ruling.

The record…

2Cases cited8 opinions

  1. Chappell v. RothSupreme Court of North Carolina · 2001
  2. Data General Corp. v. County of DurhamCourt of Appeals of North Carolina · 2001
  3. Harris v. Ray Johnson Construction Co.Court of Appeals of North Carolina · 2000
  4. Cincinnati Thermal Spray, Inc. v. Pender CountyCourt of Appeals of North Carolina · 1991
  5. L & S LEASING, INC. v. City of Winston-SalemCourt of Appeals of North Carolina · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ehrenhaus v. BakerCourt of Appeals of North Carolina · 2011
  2. Howard v. County of DurhamCourt of Appeals of North Carolina · 2013
  3. Transportation Services of North Carolina, Inc. v. Wake County Board of EducationCourt of Appeals of North Carolina · 2009
  4. Apple Tree Ridge Neighborhood Ass'n v. Grandfather Mountain Heights Property Owners Corp.Court of Appeals of North Carolina · 2010
  5. Finger v. Gaston CountyCourt of Appeals of North Carolina · 2006

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API