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W. E. LINTHICUM & SONS v. KELLY CONSTRUCTION CO.

No. 172.

97 S.E.2d 863 (1957)

246 N.C. 203

W. E. LINTHICUM & SONS, Inc. v. KELLY CONSTRUCTION COMPANY, a corporation, and W. R. Letson and wife, Mrs. W. R. Letson.

Supreme Court of North Carolina.

May 1, 1957.

Attorney(s) appearing for the Case

Carl V. Venters, Jacksonville, for plaintiff appellant.

Jones, Reed & Griffin, Kinston, for defendants appellees.

PER CURIAM.

The principal contractor is a necessary party to an action to enforce the lien of a subcontractor. Lookout Lumber Co. v. Mansion Hotel Co., 109 N.C. 658, 14 S.E. 35. Hence at the threshold of this appeal plaintiff is confronted with an insurmountable obstacle of not having the contractor in court as a party to this action. So holding, it is not deemed expedient at this time to venture upon discussion of evidence...

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