West Durham Lumber Co. v. Aetna Casualty & Surety Co.

BROCK, Judge.

We think, as did the trial judge and the attorneys, that the differences between the two general contracts and the two general contractor’s bonds are differences without distinction as to the legal obligation of the defendant surety to pay claims by subcontractors, laborers, or materialmen against the general contractor. Nevertheless, the wording is somewhat different and we will set out the pertinent portions in order that the facts to which this opinion applies will be clear.

In the Chapel Hill contract the general contractor agrees: “The Contractor shall furnish all work,…