CITY OF DURHAM v. REIDSVILLE ENGINEERING COMPANY

No. 666.

120 S.E.2d 564 (1961)

255 N.C. 98

CITY OF DURHAM, a Municipal Corporation, Plaintiff, v. REIDSVILLE ENGINEERING COMPANY, Inc., and United States Casualty Company and Frank R. Penn, Defendants and W. M. Piatt, III, and P. D. Davis, d/b/a Piatt and Davis, Additional Defendants.

Supreme Court of North Carolina.

June 16, 1961.


Attorney(s) appearing for the Case

Sapp & Sapp, Greensboro, for Casualty Company.

Bryant, Lipton, Strayhorn & Bryant, F. Gordon Battle, Durham, for Piatt and Davis.


DENNY, Justice.

The additional defendants are relying upon two exceptions and the assignments of error based thereon as follows: (1) That the Judge of the Superior Court erred in overruling their demurrer in that the cross-action of the Casualty Company does not state facts sufficient to constitute a cause of action; and (2) that the Judge of the Superior Court erred in overruling the demurrer to the amended cross-action of the Casualty Company in that there is a...

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