Rowell v. North Carolina Equipment Co.

TYSON, Judge.

Harold Rowell d/b/a American Builders appeals the trial court’s entry of summary judgment and denial of plaintiff’s motion for relief from judgment or order under N.C. R. Civ. P. 60(b).

I. Facts

In late May or early June of 1994, Harold Rowell d/b/a American Builders (“plaintiff’) entered into a contract with North Carolina Equipment Company (“defendant”) for repairs to his Dresser 125-E Track Loader (“loader”). The original estimate for repairs was $3,500.00. Plaintiff’s machine was disassembled, and defendant advised plaintiff that further repairs were needed. Plaintiff later…