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THOMPSON v. HORRELL

No. 542.

158 S.E.2d 633 (1968)

272 N.C. 503

J. Wiley THOMPSON, Plaintiff, v. Hugh D. HORRELL, Defendant.

Supreme Court of North Carolina.

January 12, 1968.

Attorney(s) appearing for the Case

John V. Hunter, III, Raleigh, for plaintiff appellant.

Wheatley & Bennett, Beaufort, Boyce, Lake & Burns, Raleigh, for defendant appellee.

SHARP, Justice.

The form of action alleged in the complaint determines whether a cause is local or transitory. Blevens v. Kitchen Lumber Co., 207 N.C. 144, 176 S.E. 262. Plaintiff's action is to recover monetary damages for the breach of a contract to construct a house. Its purpose is neither to recover real property, to determine an estate or interest in land, nor to recover for injuries to realty. It is not, therefore, a local action within the meaning of G.S. ...

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