GENTRY BROTHERS, INC. v. BYRON DEVELOPMENT CORP.

No. 7215SC611.

192 S.E.2d 100 (1972)

16 N.C. App. 386

GENTRY BROTHERS, INC. v. BYRON DEVELOPMENT CORPORATION et al.

Court of Appeals of North Carolina.

October 25, 1972.


Attorney(s) appearing for the Case

Nelson & Clayton by George E. Clayton, Jr., Winston-Salem, for plaintiff appellants.

Bryant, Lipton, Bryant & Battle by F. Gordon Battle, and Theodore H. Jabbs, Chapel Hill, for defendants D. St. Pierre DuBose and wife, Valinda Hill DuBose.


GRAHAM, Judge.

Plaintiff does not challenge the portion of the judgment which holds that it is not entitled to a money judgment against defendants DuBose. Its contentions relate only to the action of the court in declaring null and void the notice of lien filed against the DuBose property.

No issue of fact exists as to who owned the land at the time plaintiff made the improvements thereon, or as to who contracted for the improvements. It is undisputed that...

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