Pembee Mfg. Corp. v. Cape Fear Construction Co.

VAUGHN, Chief Judge.

Two questions are presented on this appeal: (1) Was the cause of action alleged by defendants barred by the three-year statute of limitations? and (2) Does the doctrine of equitable estoppel apply to prevent defendants from asserting the bar of the statute of limitations?

Plaintiffs first contention is that the record is too bare to permit summary judgment.

In reviewing a motion for summary judgment we must look at the record in the light most favorable to the party opposing the motion. Peterson v. Winn-Dixie, 14 N.C. App. 29, 31, 187 S.E. 2d 487, 488 (1972). We must also…