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CUSTOM MOLDERS, INC. v. AMERICAN YARD PRODUCTS, INC.

No. 326PA94.

463 S.E.2d 199 (1995)

342 N.C. 133

CUSTOM MOLDERS, INC. v. AMERICAN YARD PRODUCTS, INC., formerly known as Roper Corporation.

Supreme Court of North Carolina.

November 3, 1995.

Attorney(s) appearing for the Case

Bentley & Kilzer, P.A., by Susan B. Kilzer and Charles A. Bentley, Jr., Durham, for plaintiff-appellant.

Brown & Bunch, by M. LeAnn Nease, Chapel Hill, for defendant-appellee.

Berry & Byrd, by Wade E. Byrd, Fayetteville, and Mary Ann Tally, Raleigh, General Counsel, on behalf of North Carolina Academy of Trial Lawyers, amicus curiae.

FRYE, Justice.

The crucial question in this case is whether a judgment for money damages in an action not based on contract bears postjudgment interest. We hold that it does.

There seems to have been no doubt regarding this question prior to the enactment of chapter 327 of the 1981 Session Laws. Prior to that time, N.C.G.S. § 24-5 provided as follows:

§ 24-5. Contracts, except penal bonds, and judgments to bear interest; jury to distinguish...

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