Skinner v. Gaither Corp.

Tbe amount to be paid to tbe plaintiff for constructing tbe building and tbe balance, if any, still due and unpaid thereon are not subject to arbitration under tbe contract! Plaintiff sues, in part, to recover an alleged balance due. In this respect, in any event, tbe complaint is sufficient to repel tbe demurrer. Mills Co. v. Shaw, Comr. of Revenue, 233 N.C. 71, and cases cited.

But defendant insists that as to tbe repair bill the arbitration provisions of tbe contract prevail and preclude plaintiff’s right to resort to the courts until after tbe arbitration is bad as agreed by tbe parties.…