Snow v. Board of Commissioners
Supreme Court of North Carolina
This was a civil ACTION, tried before Connor, at the Fall Term, 1892, of the Superior Court of Duriiah County. The parties duly waived trial by jury, and consented for the Court to hear and determine all questions of law and fact.
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This was a civil ACTION, tried before Connor, at the Fall Term, 1892, of the Superior Court of Duriiah County. The parties duly waived trial by jury, and consented for the Court to hear and determine all questions of law and fact. Pursuant thereto the Court heard the testimony and found the following facts: The plaintiffs W. -J. Ellington, L. H. Royster and B. F. Park, doing business under the firm name and style of Ellington, Royster & Co., in the city of Raleigh, N. C., on the 5th day of July, 1887, entered into a contract, in writing, with the defendant, the Board of Commissioners of…
1Opinion of the Court
Burwell, J.:
We find no error in the judgment from which the defendants have appealed.
By the terms of the contract between the plaintiffs Ellington, Royster & Co. and the defendant Board of Commissioners the latter were bound to pay to said plaintiffs the price agreed upon for the building of the court-house. So far as appears they have never waived their rights to any part of this sum, nor consented that the Commissioners should pay to any other person what was due to them upon the completion of the work they had agreed to do. A portion of their -work was the “plumbing and piping,” which was…
2Cited by10 opinions
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- Hall v. JonesSupreme Court of North Carolina · 1909
- Satterthwaite v. Ellis.Supreme Court of North Carolina · 1901
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