#### CARTWOOD CONSTRUCTION COMPANY, INC., Plaintiff v. WACHOVIA BANK & TRUST COMPANY, N.A., NORTHWESTERN BANK, FIRST FINANCIAL SAVINGS & LOAN ASSOCIATION, INC., Defendants, and WACHOVIA BANK & TRUST COMPANY, N.A., Defendant and Third Party Plaintiff v. VIRGIL REID PATTERSON, d/b/a The Patterson Company, Third Party Defendant

No. 60A87

(Filed 7 July 1987)

Justice Webb did not participate in the consideration or decision of this case.

Appeal of right under N.C.G.S. § 7A-30(2) by the defendants and the defendant third party plaintiff from the decision of a divided panel of the Court of Appeals, 84 N.C. App. 245, 352 S.E. 2d 241 (1987), affirming in part and reversing and remanding in part judgment entered by Seay, J., on 3 February 1986 in Superior Court, FORSYTH County. Heard in the Supreme Court on 9 June 1987.

Nifong, Ferguson & Sinai, by Paul A. Sinai, for plaintiff appellee.

Bell, Davis & Pitt, P.A., by William Kearns Davis and Stephen M. Russell, for defendant appellant, Wachovia Bank & Trust Company, N.A.

Petree, Stockton & Robinson, by William R. Loftis, Jr. and Penni Pearson Bradshaw, for defendant appellant, Northwestern Bank.

*165PER CURIAM.

Affirmed.

Justice Webb did not participate in the consideration or decision of this case.