Evans v. Mitchell

ARNOLD, Judge.

The defendant contends that the trial judge erred by denying his motion for directed verdict as to the plaintiffs’ negligence claim. The defendant’s contention has merit.

The defendant argues that plaintiffs were the second purchasers of the house at issue and therefore could not bring suit for negligence against the builder. In Oates v. JAG, Inc., 66 N.C. App. 244, 311 S.E. 2d 369, disc. rev. allowed, 311 N.C. 761, 321 S.E. 2d 142 (1984), this Court held that a subsequent purchaser of a house, once removed from the original vendee, may not maintain an action against the original…