Bryan Builders Supply v. Midyette

The basic error in this case is that the evidence was developed upon one theory, and the court submitted it to the jury upon another theory.

Upon Bryan’s stipulation that at all times pertinent to this litigation it was not licensed to construct buildings “where the cost is $20,000.00 or more,” Judge McKinnon correctly dismissed its action against owners for the balance due under the terms of the contract upon which it had sued. McArver v. Gerukos, 265 N.C. 413, 144 S.E. 2d 277; Tillman v. Talbert, 244 N.C. 270, 93 S.E. 2d 101; Courtney v. Parker, 173 N.C. 479, 92 S.E. 324. He correctly…