Donlan v. Trust Co.
Supreme Court of North Carolina
ActxoN by Timothy Donlan. against American Bonding & Trust Company, heard by Jzidge O. H. Allen, upon exceptions to report of referee at the April Term, 1905, of the Superior Court of New HaNoveb County. From the judgment rendered, both parties appealed.
1Opinion of the CourtCnARK, C. J.
The defendant as surety to one Vollers, who had contracted to build three houses for the plaintiff by September 15, 1899, covenanted to pay all damages which should accrue by failure of said Vollers to comply, in all respects, with his said contract. On September 20, 1899, the plaintiff notified the defendant that the work was not completed and, later, notified the defendant that it might complete.the work, as it was entitled to do, under its bond. It di'd not choose to do so, but told the plaintiff to complete the houses, which he did at a cost of $460.25 by the referee’s report. At that…
2Cited by8 opinions
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- Midgett v. . VannSupreme Court of North Carolina · 1912
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Ragan v. . RaganSupreme Court of North Carolina · 1923
- Roe v. . JourniganSupreme Court of North Carolina · 1921
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