Square D Co. v. C. J. Kern Contractors, Inc.

FRYE, Justice.

Two basic issues are presented to this Court on plaintiffs appeal. The first issue is whether it was erroneous for the trial judge, under the facts of this case, to conclude as a matter of law that a contract to which a corporate seal had been affixed is not a contract under seal, and thus not governed by the ten-year statute of limitations contained within G.S. 1-47(2). The second issue is whether G.S. 1-50(5) and G.S. l-15(c) are unconstitutional because they violate the open courts provision of our state constitution and also the equal protection clauses of the state and…