Orinoco Supply Co. v. Shaw Bros. Lumber
Supreme Court of North Carolina
Appeal by defendant surety company from Daniels, Jat March Term, 1912, of Foesyth. Civil action beard on demurrer to complaint.
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Appeal by defendant surety company from Daniels, Jat March Term, 1912, of Foesyth. Civil action beard on demurrer to complaint. In tbe complaint, recovery is sought against defendant tbe Illinois Surety Company for $346.56 on account of material furnished by plaintiff for building a rectory for St. Pauls Church in the city of Winston, N. 0. The parties defendant are the contractor, J. T. B. Shaw, who was to “furnish all the material and perform all the work for the erection and completion of said rectory”; the Illinois Surety Company, who, with said Shaw, signed the bond sued on; and the…
1Opinion of the CourtHoKE, J.
In respect to the liability of the Illinois Surety Company, the complaint, after stating the contract on the part of J. T. B. Sbaw to provide all the material and perform all the work for the erection and completion of the rectory, continues :
“3. That amongst other provisions contained in said contract, the said Sbaw contracted and agreed to pay for all sucb labor and material, and to save the said J. C. Buxton and others, committee as aforesaid, harmless from any and all claims and liens which might arise out of contracts made by said Shaw with material furnishers and laborers,” and…
2Cases cited5 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Burroughs v. McNeillSupreme Court of North Carolina · 1839
- Peacock v. . WilliamsSupreme Court of North Carolina · 1887
3Cited by32 opinions
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- American Trust Co. v. Catawba Sales & Processing Co.Supreme Court of North Carolina · 1955
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Federal Land Bank of Columbia v. Atlas Assurance Co.Supreme Court of North Carolina · 1924
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