Raleigh Paint & Wallpaper Co. v. James T. Rogers Builders, Inc.

PHILLIPS, Judge.

Though defendant poses seven questions for our consideration, the appeal raises but one question, and that is whether the court’s finding that defendant prevented plaintiff from completing its performance of the contract is supported by competent evidence. If it is, the finding is conclusive, Williams v. Pilot Life Insurance Co., 288 N.C. 338, 218 S.E. 2d 368 (1975), and defendant is precluded from using plaintiffs failure to perform the contract either as a defense to the case or as the basis for a counterclaim. This elemental proposition has been enforced by the common law…