Fidelity & Deposit Co. v. Board of Education

The cause was considered in Fidelity Co. v. Board of Education, 202 N. C., 354, 162 S. E., 763. The petition to rehear as- sei'ts that the writer of the opinion made an error of calculation in assuming that the amount of retained percentage in controversy was $4,375.20, whereas in fact the retained percentage based upon the contract price, would amount to $7,442.70. A reexamination of the record discloses that the contention of the plaintiff is correct and that such error was made. The plaintiff is therefore entitled to recover the sum of $4,375.20, and it is so adjudged.

Petition allowed.