Asheville School v. D.V. Ward Const., Inc. (State Report Title: Asheville School v. Ward Construction, Inc.)

Decision Date07 April 1986
Docket NumberNo. 83P86,83P86
Citation316 N.C. 385,342 S.E.2d 890
Parties, 32 Ed. Law Rep. 307 The ASHEVILLE SCHOOL v. D.V. WARD CONSTRUCTION, INC., and Bankers Mortgage Corporation d/b/a Bamocor, Inc. *
CourtNorth Carolina Supreme Court

Morris, Golding, Phillips & Cloninger, Asheville, for plaintiff.

Van Winkle, Buck, Wall, Starnes & Davis and Roberts, Cogburn, McClure & Williams, Asheville, for defendant Ward.

Russell, Greene & King, Asheville, for defendant Bankers Mortgage.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. § 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 7th day of April 1986."

* State Report Title: Asheville School v. Ward Construction, Inc

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3 cases
  • Fortune v. First Union Nat. Bank
    • United States
    • North Carolina Supreme Court
    • September 7, 1988
    ...S.E.2d 2 (1955); The Asheville School v. Ward Construction, Inc., 78 N.C.App. 594, 337 S.E.2d 659 (1985), disc. rev. denied, 316 N.C. 385, 342 S.E.2d 890 (1986). Plaintiff Dale Fortune was not a proper party to bring suit and could not recover individually against defendant trustee under th......
  • Baum v. John R. Poore Builder, Inc.
    • United States
    • North Carolina Court of Appeals
    • May 1, 2007
    ...337 S.E.2d 659 (1985) (addressing the statute of limitations in actions alleging breach of contract), disc. review denied, 316 N.C. 385, 342 S.E.2d 890 (1986); see also Howell v. City of Lumberton, 144 N.C.App. 695, 548 S.E.2d 835 (2001) (addressing the statute of limitations in actions all......
  • Chiltoski v. Drum
    • United States
    • North Carolina Court of Appeals
    • December 19, 1995
    ...cf. The Asheville School v. Ward Construction, Inc., 78 N.C.App. 594, 599, 337 S.E.2d 659, 662 (1985), disc. review denied, 316 N.C. 385, 342 S.E.2d 890 (1986) (nominal damages "recoverable in negligence actions," in this instance for negligent repairs)--might have applicability to the circ......

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