Dixon v. . Horne
Supreme Court of North Carolina
Civil actioN to recover balance alleged to be due plaintiffs for material and labor, beard before Long, J., on facts agreed upon, at Fall Term, 1920, of HeNdeesoN.
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Civil actioN to recover balance alleged to be due plaintiffs for material and labor, beard before Long, J., on facts agreed upon, at Fall Term, 1920, of HeNdeesoN. From these facts it appeared that defendant, O. L. Price, contracted and agreed to build a house for Carson Horne, furnishing labor, materials, etc., therefor at a stipulated price, and gave bond for faithful performance of the contract, with defendant lumber company, etc., as surety, said bond containing, among other things, the following stipulation: “Now, therefore, the condition of this obligation is such that if the principal…
1Opinion of the CourtIToke, J.
It has been repeatedly held in the State that the beneficiaries of an indemnity contract ordinarily can recover though not named therein, “when it appears by express stipulation or by fair and reasonable intendment that their rights and interests were being provided for.” Supply Co. v. Lumber Co., 160 N. C., 428; Withers v. Poe, 167 N. C., 372; Voorhees v. Porter, 134 N. C., 591; Town of Gastonia v. Engineering Co., 131 N. C., 363, and Gorrell v. Water Co., 124 N. C., 328. And so stated the principle has been fully approved in the more recent cases of Lumber Co. v. Johnson, 177 N. C., 44-47;…
2Cases cited12 opinions
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Slavens v. Standard Acc. Ins. Co. of DetroitCourt of Appeals for the Ninth Circuit · 1928
- 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
- Interstate Equipment Co. v. SmithSupreme Court of North Carolina · 1977
11 more not listed; retrieve them via the Exa API.