Simon v. Raleigh City Board of Education Ex Rel. Board of Trustees

The plaintiffs’ only assignment of error raises the one question, did the court err in making the architects additional parties to this action?

Plaintiffs have sued for $32,036.81, the balance they allege to be due under the construction contract. The defendant alleges that because of the plaintiffs’ breach of the contract the balance due plaintiffs is only the sum of $4,388.42 which is subject to a claim by the architects. In making this contention the defendant has misconstrued the nature of the architects’ claim. The architects have no contract with plaintiffs. Defendant says they base…