Plow v. Bug Man Exterminators, Inc.

ARNOLD, Judge.

I

Defendant’s first assignment of error is that the trial court’s finding with regard to existence of termite infestation in July, 1977, was not supported by the evidence. Defendant relies heavily on the holding of our Supreme Court in Childress v. Nordman, 238 N.C. 708, 78 S.E. 2d 757 (1953), a case factually similar to the one before us. In Childress, Justice Ervin, writing for the Court, stated:

When all is said, the testimony . . . merely shows the presence of termites in the dwelling during the last week of October, 1951. This being true, the case falls within the purview of…