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Petitions for Discretionary Review

Supreme Court of North Carolina
Jan 1, 1982
307 N.C. 269 (N.C. 1982)

Summary

holding that the trial court erred in rejecting defendant's defense that plaintiff was barred from recovering under a construction contract because plaintiff was not licensed as a general contractor during the majority of the construction period on the ground that the defense was not properly raised where the defense was raised for the first time in defendant's motion for summary judgment, since unpleaded affirmative defenses are deemed to be part of the pleadings when such defenses are raised in a hearing on a motion for summary judgment

Summary of this case from Sample v. Morgan

Opinion

1982


Summaries of

Petitions for Discretionary Review

Supreme Court of North Carolina
Jan 1, 1982
307 N.C. 269 (N.C. 1982)

holding that the trial court erred in rejecting defendant's defense that plaintiff was barred from recovering under a construction contract because plaintiff was not licensed as a general contractor during the majority of the construction period on the ground that the defense was not properly raised where the defense was raised for the first time in defendant's motion for summary judgment, since unpleaded affirmative defenses are deemed to be part of the pleadings when such defenses are raised in a hearing on a motion for summary judgment

Summary of this case from Sample v. Morgan
Case details for

Petitions for Discretionary Review

Case Details

Full title:PETITIONS FOR DISCRETIONARY REVIEW

Court:Supreme Court of North Carolina

Date published: Jan 1, 1982

Citations

307 N.C. 269 (N.C. 1982)

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