{
  "id": 8563113,
  "name": "R. B. STOKES CONCRETE COMPANY v. WARREN B. WARDEN, and Wife, CHARLOTTE L. WARDEN",
  "name_abbreviation": "R. B. Stokes Concrete Co. v. Warden",
  "decision_date": "1966-11-09",
  "docket_number": "",
  "first_page": "466",
  "last_page": "467",
  "citations": [
    {
      "type": "official",
      "cite": "268 N.C. 466"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 231,
    "char_count": 2746,
    "ocr_confidence": 0.577,
    "sha256": "381b391191b9878e6a323c1e6dc7e880944e007520b80c65f4b8f9019f59eeb4",
    "simhash": "1:59a0bdac487b4160",
    "word_count": 440
  },
  "last_updated": "2023-07-14T16:01:58.333486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "R. B. STOKES CONCRETE COMPANY v. WARREN B. WARDEN, and Wife, CHARLOTTE L. WARDEN."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThis case involved only a factual dispute, which the judge has resolved. The assignments of error disclose no error of law.\nThe judgment is\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Allen W. Brown for 'plaintiff.",
      "Poyner, Geraghty, Hartsfield & Townsend by Marvin D. Mussel-white, Jr., for defendants."
    ],
    "corrections": "",
    "head_matter": "R. B. STOKES CONCRETE COMPANY v. WARREN B. WARDEN, and Wife, CHARLOTTE L. WARDEN.\n(Filed 9 November, 1966.)\nAppeal by plaintiff from Brock, S.J., May 1966 Nonjury Session of WaKE.\nSmall claim adjudicated under G.S. 1-539.3 et seq.\nPlaintiff R. B. Stokes, the sole proprietor of R. B. Stokes Concrete Company, instituted this action to recover a balance of $671.71 allegedly due him for constructing \u201ccertain concrete walkways and other work\u201d on defendants\u2019 premises. Defendants denied that they were indebted to plaintiff in any amount and alleged a counterclaim against him in the amount of $1,000.00. They averred that a swimming pool and the walks surrounding it, which plaintiff had constructed for them, contained defective materials and workmanship.\nPlaintiff\u2019s evidence tended to show: On May 16, 1963, plaintiff contracted to construct a swimming pool for defendants at a cost of $4,600.00. He guaranteed the work for one year and agreed to give defendants a first-class job, and he performed his agreement. After the pool was finished, the parties entered into another contract for additional work on walkways and for \u201cwork under the house and the front yard.\u201d The cost of this additional work was $1,713.05. Plaintiff has made every reasonable effort to satisfy defendants, but Mr. Warden is a perfectionist who cannot be satisfied. The total unpaid balance due plaintiff on both contracts is $671.71 with interest from October 1, 1963.\nThe evidence for defendants tended to show: Contract specifications for the walks which plaintiff agreed to construct called for a drop of one inch in eight feet. The sidewalks were not so constructed but were put in \u201creasonably flat.\u201d As a result, water was trapped and \u201cbirdbaths\u201d were created. After the first winter, cracks appeared in the corners of the swimming pool; some tiles cracked and paint chipped. Other defects were also enumerated. Defendants estimate that \u201c75 to 80% of the jointed line area all the way around the pool\u201d was defective in one way or another. Plaintiff promised to remedy the defects but failed to do so. Mr. Warden illustrated his testimony with colored slides showing the pool and the walks. One of his witnesses estimated that it would cost $1,037.40 to repair the defects.\nJudge Brock answered the issues raised and entered judgment that defendants were entitled to recover $325.00 from plaintiff and that plaintiff was entitled to recover nothing of defendants. Plaintiff appeals.\nAllen W. Brown for 'plaintiff.\nPoyner, Geraghty, Hartsfield & Townsend by Marvin D. Mussel-white, Jr., for defendants."
  },
  "file_name": "0466-01",
  "first_page_order": 506,
  "last_page_order": 507
}