McCausland v. R. A. Brown Construction Co.
Supreme Court of North Carolina
Civil actioN tried before Carter, J., and a jury, at February Term, 1916, of MeckleNburg. On the trial it was made to appear that in July, 1914, the board of school commissioners of Concord, N. C., contracted with the Brown Construction Company to provide the material and labor for erection and completion of a public school building in said city at a cost of $11,236 and required said contractor to enter into a bond in the sum of $5,000 for the proper performance of the…
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Civil actioN tried before Carter, J., and a jury, at February Term, 1916, of MeckleNburg. On the trial it was made to appear that in July, 1914, the board of school commissioners of Concord, N. C., contracted with the Brown Construction Company to provide the material and labor for erection and completion of a public school building in said city at a cost of $11,236 and required said contractor to enter into a bond in the sum of $5,000 for the proper performance of the contract, etc. This bond was given by the construction company with the individual defendants as sureties and said building…
1Opinion of the Court
íIokb, J.
The contract for the erection of the building makes stipulation, among other things, “That the contractors shall and will provide all the material and perform all the work for the erection and completion of a high school building on the lot of the owners in the city of Concord, etc., at the price of $11,236,” etc. And further: “If at any time there shall be evidence of any lien or claim for which, if established, the owners of the said premises might become liable, and which is chargeable to the contractors, the owners shall have the right to retain out of any payment then due or…
2Cases cited16 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
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- Glens Falls Indemnity Co. v. American Awning & Tent Co.Supreme Court of Rhode Island · 1935
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