Bayer Construction Co. v. White-Layton Mechanical Contractors, Inc.

The opinion of tibe court was delivered by

Wertz, J.:

This was an action on a statutory bond pursuant to G. S. 1949, 60-1413 and 60-1414, by plaintiff (appellee) Bayer Construction Company, Inc., a subcontractor, against defendants (appellants ) White-Layton Mechanical Contractors, Inc. and its surety, Trinity Universal Insurance Company, to recover the unpaid balance due on the subcontract.

The case was submitted to the trial court on a written stipulation of facts. The trial court entered judgment for the plaintiff, and the defendants appeal.

The pertinent portion of the stipulated facts can be…