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QUENBY CORP. v. FRANK H. CONNER COMPANY

No. 547.

158 S.E.2d 18 (1967)

272 N.C. 208

QUENBY CORP. v. FRANK H. CONNER COMPANY, Original Defendant; Monroe Mechanical Contractors, Inc.; Arrow, Inc.; Winecoff Electric Co., Inc.; W. J. Sullivan; and Interstate Roofing Co., Inc., Additional Defendants.

Supreme Court of North Carolina.

December 13, 1967.

Attorney(s) appearing for the Case

Richardson & Dawkins by Koy E. Dawkins, Monroe, for additional defendant appellant, Monroe Mechanical Contractors, Inc.

Grier, Parker, Poe & Thompson by William E. Poe and Gaston H. Gage, Charlotte, for additional defendant appellant, Interstate Roofing Co., Inc.

Gardner, Connor & Lee by D. M. Connor, Wilson, for original defendant appellee, Frank H. Conner Co.

Brown, Brown & Brown by Charles P. Brown, Albemarle, for additional defendant appellees, Winecoff Electric Co., Inc. and W. J. Sullivan.

PLESS, Justice.

An anomalous situation is presented in this case. Five subcontractors were made new parties—four of them demurred. The fifth filed an answer setting up a counterclaim against the original defendant, the contractor. The plaintiff moved to strike so much of the original defendant's further answer that in a practical sense it amounted to a motion to strike it in its entirety. This motion was denied, and plaintiff excepted but did not appeal. From...

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