Scheflow v. . Pierce
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at April Term, 1918, of Edge-combe. This is an action against the defendant Pierce, the town of Tarboro,and the National Surety Company as the surety for the faithful performance of the contract by the defendant Pierce to do certain sewerage work and pipe-laying in the streets of said town.
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Appeal by plaintiff from Daniels, J., at April Term, 1918, of Edge-combe. This is an action against the defendant Pierce, the town of Tarboro,and the National Surety Company as the surety for the faithful performance of the contract by the defendant Pierce to do certain sewerage work and pipe-laying in the streets of said town. Soon after the execution of said contract and the bond of the surety, the plaintiff and said Pierce entered into a contract by which the plaintiff was to excavate the sewer trenches, using a trench machine for that purpose, with a competent operator on it, furnishing…
1Opinion of the CourtClare, C. J.
It would seem that the court overruled the demurrer as to the ground that plaintiff could not maintain this action, and the defendants are not appealing. In a case almost exactly like this it was held that “The beneficiaries of the contract, though not a party or privy thereto, may maintain an action thereon.” Gastonia v. Engineering Co., 131 N. C., 363, citing numerous authorities. In that case, “though no mechanic’s lien could be filed against the town” (p. 365), on page 366 the Court said: “Those claimants (materialmen and laborers), being the beneficiaries of the contract-, could have…
2Cases cited12 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- C. S. Luck & Sons, Inc. v. BoatwrightSupreme Court of Virginia · 1932
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Maryland Casualty Co. v. FowlerCourt of Appeals for the Fourth Circuit · 1929
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
9 more not listed; retrieve them via the Exa API.