Propst Construction Co. v. North Carolina Department of Transportation
This text of 296 S.E.2d 295 (Propst Construction Co. v. North Carolina Department of Transportation) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court of Appeals erred in remanding this case for trial by jury. Under N.C.G.S. 136-29(c), any controversy concerning a completed contract for the construction of a state highway is to be tried by a judge without a jury. Therefore, the opinion of the Court of Appeals is modified to the extent that the controversy is remanded for trial by a judge sitting as the finder of fact. Except as modified herein, the opinion of the Court of Appeals is affirmed and adopted by this Court.
Modified and affirmed.
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Cite This Page — Counsel Stack
296 S.E.2d 295, 307 N.C. 124, 1982 N.C. LEXIS 1604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/propst-construction-co-v-north-carolina-department-of-transportation-nc-1982.