Opinion · Supreme Court of North Carolina

Jones v. Harrelson & Smith Contractors, LLC

363 N.C. 371

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
2009-06-18
Topic
commercial

How later courts describe this case

  • denying motion to dismiss UDTPA claim where plaintiff had plausibly alleged fraudulent misrepresentation
  • considering subsequent actions of the defendant as constituting a “continued pattern of deceit”
  • “[E]vidence insufficient to establish a breach of contract may nonetheless be admissible to prove that a contract was fraudulently induced or that the defendant committed unfair and deceptive trade practices.”
  • “[T]he economic loss rule does not apply to [plaintiff’s] fraud claims.”

Citator

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Cited by
16 opinions
JONES v. HARRELSON SMITH CONTR'ES,363 N.C. 371(2009)
DARVELLA JONES v. HARRELSON AND SMITH CONTRACTORS, LLC, A NORTH
CAROLINA CORPORATION, AND RODNEY S. TURNER D/B/A RODNEY S. TURNER
HOUSEMOVERS.
No. 36A07-2.
Supreme Court of North Carolina.
Filed 18 June 2009.
Appeal pursuant to N.C.G.S. §7A-30(2) from the decision of a divided panel of the Court of Appeals,194 N.C. App. ___,670 S.E.2d 242(2008), affirming in part, reversing in part, and remanding a judgment entered on 10 May 2005 by Judge Jerry Braswell in Superior Court, Pamlico County, following this Court's opinion reported at362 N.C. 226,657 S.E.2d 352(2008) (per curiam), reversing a decision of the Court of Appeals dismissing plaintiffs appeal,180 N.C. App. 478,638 S.E.2d 222(2006), and remanding this case to that court for reconsideration. Heard in the Supreme Court 4 May 2009.
Ellis Winters, by J. Donald Cowan, Jr.; and Smith Moore LeatherwoodLLP, by Sidney S. Eagles, Jr., for plaintiff-appellee.Hopf Higley, P.A., by Donald S. Higley, II, for defendant-appellantHarrelson and Smith Contractors, LLC.
PER CURIAM.
AFFIRMED.Page 372