Peden Gen. Contractors, Inc. v. Bennett
North Carolina Court of Appeals
616 S.E.2d 31 (2005)
- Written by John Reeves, JD
Facts
Carol Bennett (defendant) contracted with Peden General Contractors, Inc. (Peden) (plaintiff) to construct a building in Knightdale, North Carolina. The contract’s language provided that Peden, as the general contractor, would oversee the building’s construction, and it set forth Peden’s responsibilities for doing so. In addition, the contract listed the materials to be used in constructing the building, but it did not include a unit price for any material on the list. Bennett made a partial payment on the contract but refused full payment following a dispute with Peden, despite work on the building being substantially completed. Peden brought suit against Bennett. Bennett counterclaimed, seeking rescission of the contract under § 2-608 of the Uniform Commercial Code (UCC). The trial court granted summary judgment in favor of Peden on Bennett’s counterclaim, finding that the contract between them was predominately one for services, not goods, and consequently not subject to the UCC. Bennett appealed to the North Carolina Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (McGee, J.)
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