Legal Opinion
Vogel v. Reed Supply Company
Supreme Court of North Carolina
Decided October 14, 1970No. 69-CVS-41; 69-CVS-46; 8PublishedCited by 5 opinions
1Opinion of the Court
HUSKINS, Justice.
FIRST CASE (69-CVS-41)
Unless the landowner (Da Pow Developers Company) is a third-party beneficiary of the subcontract between the general contractor (Da Pow Developers, Inc.) and the subcontractor (Reed Supply Company), an action by the landowner against the subcontractor for breach of the subcontract cannot be maintained, and Reed’s motion for summary judgment in the first case (69-CVS-41) must be allowed. Rule 56, Rules of Civil Procedure. “If the contract was not made for the benefit of the third party, he has no cause of action upon the contract to enforce it, or sue for…
2Cases cited35 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- State v. SpencerSupreme Court of North Carolina · 1970
- A. C. Frost & Co. v. Coeur D'Alene Mines Corp.Supreme Court of the United States · 1941
- Bryan Builders Supply v. MidyetteSupreme Court of North Carolina · 1968
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3Cited by5 opinions
- Coastland Corp. v. County of CurrituckCourt of Appeals for the Fourth Circuit · 1984
- Shook ex rel. Shook v. Gaston County Board of EducationCourt of Appeals for the Fourth Circuit · 1989
- Paving Equipment of Carolina, Inc. v. Lake Providence Properties, Inc. (In Re Lake Providence Properties, Inc.)District Court, W.D. North Carolina · 1994
- Vogel v. Reed Supply CompanySupreme Court of North Carolina · 1970
- Karen Leigh Shook, by and Through Her Guardian Ad Litem, Wendy Shook v. Gaston County Board of Education v. State of North Carolina the North Carolina State Board of Education, Third PartyCourt of Appeals for the Third Circuit · 1989