Moore v. Highway Engineering & Construction Co.

Whether there was error in nonsuiting the plaintiffs is to be determined by the application of established principles of law to certain facts, the most of which are admitted.

The Highway Engineering and Construction Company, while engaged in paving a part of the highway between Kenansville and Pink Hill under a contract with the State Highway Commission, became indebted to the plaintiffs for work performed as hauling contractors in the sum of three thousand one hundred and eighty-three dollars. On 9 April, 1926, for the purpose of paying this debt the Engineering and Construction Company drew…