CAROLINA BUILDERS CORP. v. NEW AMSTERDAM CAS. CO.

No. 454.

73 S.E.2d 155 (1952)

236 N.C. 513

CAROLINA BUILDERS CORP. v. NEW AMSTERDAM CAS. CO.

Supreme Court of North Carolina.

November 19, 1952.


Attorney(s) appearing for the Case

Harris, Poe & Cheshire, Raleigh, for plaintiff appellee.

Bickett & Banks, Raleigh, for defendant appellant.


BARNHILL, Justice.

While the bond in question grants laborers and materialmen the right to maintain an action against defendant, this does not change the status of defendant as a surety and make it a principal debtor. To entitle a materialman to recover from the surety on a performance bond, he must allege and prove a debt due by the contractor for material furnished him for use in the performance of his contract with the owner.

The liability of the surety...

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