CRAIN & DENBO, INC. v. HARRIS & HARRIS CONSTRUCTION CO.

No. 307.

114 S.E.2d 809 (1960)

252 N.C. 836

CRAIN & DENBO, INC. v. HARRIS & HARRIS CONSTRUCTION COMPANY, Inc., and Aetna Insurance Company.

Supreme Court of North Carolina.

June 30, 1960.


Attorney(s) appearing for the Case

Williams & Zimmerman, Durham, for defendant Harris & Harris Const. Co., appellant.

Fletcher & Lake, Raleigh, for defendant Aetna Ins. Co., appellant.

Brooks & Brooks, Durham, and Taylor, Allen & Warren, Goldsboro, for plaintiff, appellee.


BOBBITT, Justice.

The rules applicable when considering a plea in abatement on the ground that "(t)here is another action pending between the same parties for the same cause" (G.S. § 1-127, subd. 3) are stated, with full citation of authority, by Ervin, J., in McDowell v. Blythe Brothers Co., 236 N.C. 396, 72 S.E.2d 860, and by Winborne, J., (now C. J.), in Dwiggins v. Parkway Bus Co., 230 N...

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