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COASTAL CONCRETE CO., INC. v. GARNER

No. 852SC990.

344 S.E.2d 376 (1986)

COASTAL CONCRETE COMPANY, INC. and Tyrrell Ready Mix v. Gary W. GARNER, d/b/a Garner Construction Company and Wimco Incorporated.

Court of Appeals of North Carolina.

June 17, 1986.

Attorney(s) appearing for the Case

Charles W. Ogletree, and Pritchett, Cooke & Burch by W.W. Pritchett, Jr., Windsor, for plaintiffs-appellees.

Lonnie W. Carraway, Snow Hill, and F.E. Wallace, Jr., Kinston, for defendant-appellee Gary W. Garner, d/b/a Garner Const. Company.

Carter, Archie & Hassell by W.B. Carter, Jr., Washington, for defendant-appellant Wimco Inc.

PHILLIPS, Judge.

Plaintiff concrete manufacturers sued to enforce a lien for concrete supplied to defendant Garner, a paving subcontractor, that was used in building a housing project for which the defendant Wimco was the general contractor. After much discovery was done an order of partial summary judgment was entered adjudging that Coastal recover $5,112.76 of Garner; that Tyrrell recover $23,929.91 of Garner; that Wimco...

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