Botts v. Tibbens
232 N.C. App. 537
| N.C. Ct. App. | 2014Background
- Defendant purchased land and entered into a septic installation agreement with Botts in 2008; Summit Consulting engineered the system from 2008 to 2010.
- The agreement required Tibbens to install and supervise the septic system, with Botts supplying materials up to $10,000 and Tibbens covering costs above that amount.
- In 2010, defendant was informed he was not a licensed contractor, and the installation agreement was alleged to be void; Botts hired another company to complete the system for $33,500.
- Botts filed suit in March 2010 for breach of contract; an amended complaint in January 2011 added unjust enrichment against Alicia Tibbens.
- The trial court, after discovery, granted partial summary judgment on several defenses in March 2012; the bench trial occurred December 2012, with judgment entered February 7, 2013 awarding Botts $32,331.72 (out of $42,331.72 total costs) and denying liability for Alicia Tibbens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment on impossibility and illegality was proper | Botts argues contract not illegal or impossible to perform | Tibbens contends contract illegal under § 90A-72 and performance impossible | Summary judgment proper; contract not illegal or impossible to perform |
| Whether damages properly include engineering services | Damages reflect full installation cost per contract | Engineering costs beyond defendant's obligations should not be recovered | Damages include engineering services as part of installation; affirmed |
Key Cases Cited
- Marriott Financial Services, Inc. v. Capitol Funds, Inc., 288 N.C. 122, 217 S.E.2d 551 (1975) (illegality when contract cannot be performed without violating statute)
- Carolina Water Service, Inc. of North Carolina v. Town of Pine Knoll Shores, 145 N.C. App. 686, 551 S.E.2d 558 (2001) (agreement cannot be performed without violating a statute is illegal and void)
- UNCC Properties, Inc. v. Greene, 111 N.C. App. 391, 432 S.E.2d 699 (1993) (impossibility due to legal constraints may excuse performance)
- Hinnant v. Philips, 184 N.C. App. 241, 645 S.E.2d 867 (2007) (damages standards; burden to show recoverable loss)
- Olivetti Corp. v. Ames Business Systems, Inc., 319 N.C. 534, 356 S.E.2d 578 (1987) (proper measure of damages; expectation interest)
- Troitino v. Goodman, 225 N.C. 406, 35 S.E.2d 277 (1945) (full compensation to place party in position absent breach)