Morganton Manufacturing & Trading Co. v. Andrews
Supreme Court of North Carolina
AppEAX-by plaintiff from Lane, J., at September Term, 1913, of Forsyth. This is an action by the Morganton Manufacturing and Trading Company and other creditors to enforce liens for materials furnished.
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AppEAX-by plaintiff from Lane, J., at September Term, 1913, of Forsyth. This is an action by the Morganton Manufacturing and Trading Company and other creditors to enforce liens for materials furnished. The defendant E. L. Anderson was the owner of a lot in Winston, and- on 28 August, 1911, he entered into a contract with the defendant C. A. Crews as contractor, by which the latter agreed to build a house thereon for $4,600. ■The parts of the contract material to be set out are: “The contractor shall and will provide all the materials and perform all the work for the erection and completion…
1Opinion of the Court
AlleN, J:
The contract entered into between the defendants Anderson and Crews, and the bond executed by the Maryland Casualty Company to secure its performance, must be considered together, as contended by the creditors, in order to properly determine the extent of the obligations of the bond; and when we examine the contract, we find first an agreement upon the part .of the contractor to provide all the materials and to perform all the work necessary to erect the building.
The contention of the creditors is that this is an agreement to furnish the materials and labor and impliedly to pay for…
2Cases cited6 opinions
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
- Lester v. . HoustonSupreme Court of North Carolina · 1888
- Lawrence v. . HesterSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Vetco Concrete Company v. TROY LUMBER COMPANYSupreme Court of North Carolina · 1962
- Knox Recr. v. BallTexas Supreme Court · 1945
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
62 more not listed; retrieve them via the Exa API.