MCNAIR CONST. CO., INC. v. FOGLE BROS. CO.

No. 8221DC590.

307 S.E.2d 200 (1983)

McNAIR CONSTRUCTION COMPANY, INC. v. FOGLE BROTHERS COMPANY v. KING SASH AND DOOR, INC. and Lifetime Doors, Inc.

Court of Appeals of North Carolina.

October 4, 1983.


Attorney(s) appearing for the Case

Hutchins, Tyndall, Doughton & Moore by George E. Doughton, Jr. and H. Lee Davis, Jr., Winston-Salem, for defendant and third-party plaintiff-appellant Fogle Brothers Co.

Harper, Wood & Brown by William Z. Wood, Jr., Winston-Salem, for third-party defendant-appellant King Sash and Door, Inc.

Graham, Cooke, Miles & Bogan by Donald T. Bogan, Greensboro, for third-party defendant-appellant Lifetime Doors, Inc.

Ruff, Bond, Cobb, Wade & McNair by William H. McNair and Moses Luski, Charlotte, for plaintiff-appellee.


JOHNSON, Judge.

The first issue presented in this appeal is whether the trial court erred in granting summary judgment for plaintiff. The evidence presented tends to show the following: in July 1976, plaintiff purchased 24 solid core birch doors of approximately 3 feet by 8 feet from defendant for installation in a building being constructed by plaintiff. In December 1976, after the doors had been hanging in place for about five months, plaintiff notified Fogle that...

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