Dunavant v. Caldwell & Northern Railroad
Supreme Court of North Carolina
Civil action to recover a balance due to the plaintiffs from the defendant railroad corporation and to enforce a contractor’s lien, pending in Catawba Superior Court and tried before Greene, J., by consent, at Chambers, on the 2nd of January, 1898, on exceptions to the report of Mr. W. D. Turner, to whom the action had been referred. The facts can be gathered from tíre opinion.
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Civil action to recover a balance due to the plaintiffs from the defendant railroad corporation and to enforce a contractor’s lien, pending in Catawba Superior Court and tried before Greene, J., by consent, at Chambers, on the 2nd of January, 1898, on exceptions to the report of Mr. W. D. Turner, to whom the action had been referred. The facts can be gathered from tíre opinion. His Honor sustained the report in full and overruled all of defendant’s exceptions thereto, and rendered judgment for $2,736.18, from which defendant appealed.
1Opinion of the Court
Clark, J.:
As to the first and third grounds of counterclaim, the court properly held that the $5,000 bond for the faithful performance of the work was a penalty and not liquidated damages, and that the defendant was entitled only to the actual amount of damages which was found by the referee. As to the forfeit of $50 per day, stipulated for each day of delay to finish the work beyond the time specified in the contract, it is sufficient to say that the referee has found that such delay was caused by the conduct of the defendant, and of course it cannot recover therefor. As to the fourth ground…
2Cases cited8 opinions
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- Burr v. . MaultsbySupreme Court of North Carolina · 1888
- Clark v. . EdwardsSupreme Court of North Carolina · 1896
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- S. J. Groves & Sons & Co. v. StateCourt of Appeals of North Carolina · 1980
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