Guilford Lumber Manufacturing Co. v. Johnson
Supreme Court of North Carolina
ActioN beard on exceptions to -report of referee, before' Adams; J.„ at June Term. 1918, of Gttilfobd. It appeared from tbe facts in evidence and findings of tbe referee that in February, 1916, tbe Greensboro Warehouse and Storage Company, tbe owner, contracted witb defendant O. G. Jobnson to supply tbe material and construct six bouses for tbe company, in or near tbe city of Greensboro, on a designated site and according to certain plans and specifications for tbe price of…
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ActioN beard on exceptions to -report of referee, before' Adams; J.„ at June Term. 1918, of Gttilfobd. It appeared from tbe facts in evidence and findings of tbe referee that in February, 1916, tbe Greensboro Warehouse and Storage Company, tbe owner, contracted witb defendant O. G. Jobnson to supply tbe material and construct six bouses for tbe company, in or near tbe city of Greensboro, on a designated site and according to certain plans and specifications for tbe price of $19,900, tbe same to be completed by 15tb June, 1916, and in case of failure to deliver tbe completed buildings at tbat…
1Opinion of the CourtHoKe, J.
It is the well-established principle in this jurisdiction that the beneficiaries may recover on a bond of this character — usually laborers and materialmen — when there is express provision to that effect, or when it appears by fair and reasonable intendment that these rights .and interests were contemplated and being provided for. McCausland v. Construction Co., 172 N. C., 708-711, citing Morton v. Water Co., 168 N. C., 582; Withers v. Poe, 167 N. C., 372; Supply Co. v. Lumber Co., 160 N. C., 428; Town of Gastonia v. Engineering Co., 131 N. C., 363; Gorrell v. Water Co., 124 N. C., 328.
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2Cases cited24 opinions
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- American Surety Company v. PaulySupreme Court of the United States · 1898
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- Daniel v. RailroadSupreme Court of North Carolina · 1904
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