207 N.C. App. 722
N.C. Ct. App.2010Background
- Accelerated Framing, Inc. sued Eagle Ridge Builders, Inc. for breach of contract on carpentry work on a Banner Elk cabin, plus a mechanic's lien and quantum meruit.
- Eagle Ridge counterclaimed for breach of contract.
- The trial court held a bench trial on 26 May 2009 and entered findings on 5 June 2009.
- Written contract: Eagle Ridge agreed to pay Accelerated Framing $14,100 in weekly draws; Accelerated Framing substantially completed and was paid $12,600.
- Oral contract: Eagle Ridge agreed to pay $20,000 to finish remaining work; Accelerated Framing incurred costs for four weeks of interior work; Eagle Ridge told them to leave the site before completion.
- Trial court awarded Accelerated Framing $11,590 in damages after applying an offset of $2,050 to reflect Eagle Ridge’s costs to complete the work; each side bore its own costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Accelerated Framing is the real party in interest | Parties stipulated the contract is with Accelerated Framing. | stipulation is ineffective to confer subject matter jurisdiction. | Stipulation ratified Accelerated Framing as real party; jurisdiction preserved. |
| Whether photographs could be used as substantive evidence | Photographs were properly admitted as substantive evidence with foundation. | Photographs were only for illustrative purposes. | Trial court could reconsider and admit photographs as substantive evidence; upheld admission. |
Key Cases Cited
- Lawrence v. Wetherington, 108 N.C.App. 543, 423 S.E.2d 829 (1993) (real party in interest can ratify by stipulation)
- Blair v. Fairchilds, 25 N.C.App. 416, 213 S.E.2d 428 (1975) (stipulations bind real party in interest; facts deemed established)
- Reece v. Forga, 138 N.C.App. 703, 531 S.E.2d 881 (2000) (jurisdiction cannot be waived; but subject to Rule 17 ratification)