Carolina Equipment & Parts Co. v. Continental Casualty Co.

Heretofore I prepared án opinion reversing the lower court on the ground of estoppel. A majority of the court now having taken the opposite view, that opinion is herewith printed as my dissent.

The plaintiff herein procured a jury verdict against the defendant by reason of a highway contractor’s performance bond executed by the defendant. The defendant appealed, alleging, among other things, that the trial judge should have directed a verdict in its favor on the ground of estoppel.

Background of Litigation

In 1959 Robert E. Lee and Company, Inc., as prime contractor, entered into an agreement…