{
  "id": 8524802,
  "name": "C. E. SAMPLE, T/A SAMPLE CONSTRUCTION COMPANY v. PATRICK H. MORGAN and wife, IRENE S. MORGAN",
  "name_abbreviation": "Sample v. Morgan",
  "decision_date": "1984-02-07",
  "docket_number": "No. 831SC120",
  "first_page": "338",
  "last_page": "341",
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    "name_long": "North Carolina",
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      "category": "reporters:state_regional",
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      "cite": "309 N.C. 580",
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      "reporter": "N.C.",
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      "year": 1982,
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      "reporter": "N.C. App.",
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      "cite": "162 S.E. 2d 507",
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      "reporter": "S.E.2d",
      "year": 1968,
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      "cite": "274 N.C. 264",
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    {
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      "category": "reporters:state",
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  "last_updated": "2023-07-14T17:15:19.573584+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judge Braswell concurs.",
      "Judge EAGLES dissents."
    ],
    "parties": [
      "C. E. SAMPLE, T/A SAMPLE CONSTRUCTION COMPANY v. PATRICK H. MORGAN and wife, IRENE S. MORGAN"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nPlaintiff first contends \u201cthe trial court committed reversible error in granting defendants\u2019 motion to amend their answer.\u201d Plaintiff recognizes the well-established rule that a motion to amend \u201cis addressed to the sound discretion of the trial judge,\u201d Smith v. McRary, 306 N.C. 664, 671, 295 S.E. 2d 444, 448 (1982) (citation omitted), but contends that the court\u2019s action in the instant case constitutes an abuse of discretion. We disagree, noting that plaintiff has failed to identify any prejudice resulting from the court\u2019s ruling in this regard. This assignment of error is overruled.\nPlaintiff next contends that \u201cthe trial court committed reversible error in setting aside the verdict and granting defendants\u2019 motion for judgment notwithstanding the verdict.\u201d The un-controverted evidence discloses that plaintiff, a contractor, seeks to recover on a contract for construction of defendants\u2019 house an amount in excess of the statutory limitations of his contractor\u2019s license. The rule is clear that a contractor who violates statutory licensing requirements may not enforce a construction contract against an owner. Builders Supply v. Midyette, 274 N.C. 264, 162 S.E. 2d 507 (1968). Plaintiff seeks to escape imposition of this rule, however, by invoking the doctrine of \u201csubstantial compliance\u201d most recently recognized in Barrett, Robert & Woods v. Armi, 59 N.C. App. 134, 296 S.E. 2d 10, disc. rev. denied, 307 N.C. 269, 299 S.E. 2d 214 (1982). The theory of \u201csubstantial compliance\u201d relied on by plaintiff has been specifically and emphatically rejected by our Supreme Court in Brady v. Fulghum, 309 N.C. 580, 308 S.E. 2d 327 (1983). On this record plaintiff cannot collect more than $125,000.00 on his contract with defendants.\nAffirmed.\nJudge Braswell concurs.\nJudge EAGLES dissents.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      },
      {
        "text": "Judge EAGLES\ndissenting.\nI respectfully dissent. I would reverse the judgment notwithstanding the verdict allowed by the trial court and would permit the jury verdict to stand. I am cognizant of the recent decision of our Supreme Court in Brady v. Fulghum, 309 N.C. 580, 308 S.E. 2d 327 (1983), rejecting the doctrine of substantial compliance as a vehicle for salvaging claims of unlicensed contractors. Though relied upon by the majority, that case is not dispositive of the question here.\nIn the case sub judice, the general contractor was licensed at all times in dispute, without interruption. His license authorized him to enter and perform construction contracts having a value of up to $125,000. Before entering the contract with plaintiff, defendants altered their originally submitted plans and specifications by eliminating certain features from the original plans to reduce the estimated cost from the initial estimated cost of $130,000 to an estimated cost for the house of $115,000, a figure well within the authorized license limits of plaintiff. The contract entered into called for the work to be performed on a cost plus ten percent basis which was estimated to be $115,000. The evidence shows clearly and in detail that the increase in cost from the $115,000 estimated cost was not due to any action of the plaintiff, save his acquiescence to defendants\u2019 subsequently requested additions, extras, add on, and changes in the items specified to be included in the house. The house is conceded by all to be a well built and beautiful home. The fact that plaintiff acquiesced in defendants\u2019 choices to have installed finer plumbing fixtures than originally called for, marble counter tops in lieu of those originally called for, a finer and more expensive type of carpeting than the original carpet allowance would permit and other changes while construction was in progress does not violate the language or spirit of Chapter 87 and its strictures. I would hold that a licensed general contractor has complied with Chapter 87 when the contractor is licensed throughout the negotiation, contracting and construction process, the estimated construction cost under the original contract is within the dollar limits of his license, and any subsequent variations from the plans and specifications of the original contract are at the initiation of the other party and are merely acquiesced in by the contractor.",
        "type": "dissent",
        "author": "Judge EAGLES"
      }
    ],
    "attorneys": [
      "O. C. Abbott for plaintiff, appellant.",
      "Trimpi Thompson & Nash, by C. Everett Thompson, for defendants, appellees."
    ],
    "corrections": "",
    "head_matter": "C. E. SAMPLE, T/A SAMPLE CONSTRUCTION COMPANY v. PATRICK H. MORGAN and wife, IRENE S. MORGAN\nNo. 831SC120\n(Filed 7 February 1984)\nContracts \u00a7 6.1\u2014 general contractor with a limited license \u2014ability to collect only amount of limited license\nPlaintiff, who held a limited license as a general contractor for a single project \u201cof a value [not to exceed] one hundred twenty-five thousand dollars ($125,000)\u201d under G.S. 87-10, could not collect more than $125,000.00 on his contract with defendant even though plaintiff calculated the total cost of the house as $139,998.90 under a formula orally agreed to by the parties.\nJudge Eagles dissenting.\nAPPEAL by plaintiff from Allsbrook, Judge. Judgment entered 24 September 1982 in Superior Court, Currituck County. Heard in the Court of Appeals 12 January 1984.\nThis is a civil action wherein plaintiff seeks to recover from defendants $19,667.08 plus interest pursuant to a contract to build a house on defendants\u2019 property. The evidence introduced at trial shows the following: plaintiff and defendants entered into an oral contract whereby plaintiff agreed to build a house on defendants\u2019 lot at a price of \u201ccost of materials and labor plus 10\u00b0/o.\u201d Plaintiff held a limited license as a general contractor for single projects \u201cof a value [not to exceed] one hundred twenty-five thousand dollars ($125,000) . . under N.C. Gen. Stat. Sec. 87-10. At the time plaintiff was first approached by defendants about building the house, plaintiff estimated the cost at $130,000.00. Defendants felt that this was \u201ctoo much\u201d and the plans were substantially revised, yielding a new estimate of $115,000.00. When the house was completed, the plaintiff calculated the total cost of the house as $139,998.90 under the formula orally agreed to by the parties.\nAt the close of the plaintiffs evidence and again at the close of all the evidence defendants made motions \u201cfor a dismissal\u201d \u201cpursuant to Rule 50 of the North Carolina Rules of Civil Procedure.\u201d The court \u201creserved\u201d ruling on the motions and submitted the case to the jury, which returned a verdict in favor of plaintiff in the amount of $11,000.00. The defendants then made a motion \u201cfor judgment notwithstanding the verdict, renewing . . . previous motions filed pursuant to Rule 50,\u201d which motion was granted. From a judgment notwithstanding the verdict for defendants, plaintiff appealed.\nO. C. Abbott for plaintiff, appellant.\nTrimpi Thompson & Nash, by C. Everett Thompson, for defendants, appellees."
  },
  "file_name": "0338-01",
  "first_page_order": 370,
  "last_page_order": 373
}