Rose v. Fremont Warehouse & Improvement Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at May Term, 1921, of WayNE. Civil action, brought by plaintiff, a contractor, to recover tbe balance due on a building contract. Upon motion of tbe defendant, Fremont Warehouse & Improvement Company, tbe architects, Benton & Benton, who drew tbe plans 'and, specifications for said buildings, were made parties defendant.
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Appeal by defendant from Lyon, J., at May Term, 1921, of WayNE. Civil action, brought by plaintiff, a contractor, to recover tbe balance due on a building contract. Upon motion of tbe defendant, Fremont Warehouse & Improvement Company, tbe architects, Benton & Benton, who drew tbe plans 'and, specifications for said buildings, were made parties defendant. Tbe original defendant then answered, admitted tbe plaintiff’s contract; but set up by way of cross action and counterclaim tbe following: “That by tbe terms of tbe contract entered into between tbe plaintiff and this defendant the plaintiff…
1Opinion of the Court
Staoy, J..
It will be observed from tbe allegations of tbe defendant’s cross action and counterclaim that tbe architects, who furnished tbe plans and specifications, did not undertake to superintend tbe erection and construction of tbe buildings. Their agreement called for tbe preparation and delivery of tbe plans and specifications and no more. Tbe buildings were constructed by tbe plaintiff, but without assistance from or consultation with tbe architects. There is no allegation of any privity of contract or community of interests between tbe contractor and tbe architects. Indeed, they seem…
2Cases cited7 opinions
- Roberts v. Utility Manufacturing Co.Supreme Court of North Carolina · 1921
- Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Thigpen v. Kinston Cotton MillsSupreme Court of North Carolina · 1909
- Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
- State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
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3Cited by20 opinions
- Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
- Montgomery v. . BladesSupreme Court of North Carolina · 1940
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
- City of Durham v. REIDSVILLE ENGINEERING COMPANYSupreme Court of North Carolina · 1961
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