Volume 62 — North Carolina Court of Appeals Reports

Vendor and Purchaser 6 — restaurant built on landfill — former use of lot known to plaintiff — contributory negligence per se The trial court properly granted defendants' motion for directed verdict and dismissed plaintiffs actions based on fraud, negligent misrepresentation, breach of express warranty and unfair and deceptive trade practices where the evidence tended to show that plaintiff purchased commercial real estate from defendants, the land had been used by the City of Winston-Salem for 35 years as a trash dump, fill dirt had been added to the land, plaintiffs directors knew the lot was on or near land that had been used as a trash dump, and no independent investigations or test borings of the property were made before purchasing it and commencing construction. The evidence indicating that plaintiff knew of the former use for the land and that plaintiff had full opportunity to make pertinent inquiries but failed to do so through no artifice or inducement of defendants was sufficient evidence to indicate plaintiff was contributorily negligent as a matter of law.