Wheedon v. American Bonding & Trust Co.
Supreme Court of North Carolina
AotioN by L. A. Wheedon against ifcthe Ameridan Bonding and Trust Company, heard by Judge George A. Brown, at April Term, 1900, of New HaNOver County Superior Court. Erom a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClabK, J.
This is an action upon a building contract upon the following provision in the contract, that the contractor should wholly finish said work by 10th October, 1899, “and in default thereof the contractor shall pay the owner ten dollars for every day thereafter that the said work shall remain unfinished, as and for liquidated damages.” It is admitted that the work was not completed by 10th October. The plaintiff on 12th October notified the defendant that the time had expired and that he would take the work and complete it unless the defendant desired to do so, who replied that it would not…
2Cases cited4 opinions
- Hennessy v. MetzgerIllinois Supreme Court · 1894
- Jones v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
- Burrage v. . CrumpSupreme Court of North Carolina · 1856
- Lindsay v. . AnesleySupreme Court of North Carolina · 1845
3Cited by6 opinions
- City of Kinston v. SuddrethSupreme Court of North Carolina · 1966
- Governor's Island v. Eways (In Re Governor's Island)United States Bankruptcy Court, E.D. North Carolina · 1984
- Disosway v. Edwards.Supreme Court of North Carolina · 1904
- Elzey v. City of WintersetSupreme Court of Iowa · 1915
- Horn v. . PoindexterSupreme Court of North Carolina · 1918
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