SKINNER v. GAITHER CORP.

No. 309.

67 S.E.2d 267 (1951)

234 N.C. 385

SKINNER v. GAITHER CORP.

Supreme Court of North Carolina.

October 31, 1951.


Attorney(s) appearing for the Case

Barden, Stith & McCotter and W. B. R. Guion, all of New Bern, for plaintiff appellee.

Worth & Horner, Elizabeth City, R. E. Whitehurst, New Bern, for defendant appellant.


BARNHILL, Justice.

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

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