PHILLIPS v. PHILLIPS CONSTRUCTION COMPANY

No. 252.

136 S.E.2d 48 (1964)

261 N.C. 767

W. F. PHILLIPS, C. C. Phillips, and B. M. Hagler, Jr., Partners t/a P & H Plastering Company, Plaintiffs, v. PHILLIPS CONSTRUCTION COMPANY, Inc., Defendant.

Supreme Court of North Carolina.

May 6, 1964.


Attorney(s) appearing for the Case

Fairley, Hamrick, Hamilton & Monteith, Charlotte, for plaintiffs.

Fleming, Robinson & Bradshaw, Charlotte, for defendant.


SHARP, Justice.

Upon the trial these facts were undisputed:

On October 2, 1957 the defendant, as general contractor, entered into a contract with the United States Government through the Department of the Air Force (Department) to construct eight hundred housing units at Myrtle Beach Air Force Base in South Carolina. On October 15, 1957 defendant and the plaintiffs, a partnership doing business as P & H Plastering Company, executed "an agreement between...

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