CONTINENTAL CASUALTY COMPANY v. FUNDERBURG

No. 192.

140 S.E.2d 750 (1965)

264 N.C. 131

CONTINENTAL CASUALTY COMPANY v. W. S. FUNDERBURG and Clara F. Funderburg.

Supreme Court of North Carolina.

March 24, 1965.


Attorney(s) appearing for the Case

Poisson & Barnhill, Wilmington, for plaintiff appellant.

Stevens, Burgwin, McGhee & Ryals, Wilmington, for defendant appellee.


RODMAN, Justice.

While the court states as a fact that feme defendant received no consideration binding her on the contract of indemnity, and for that reason is not liable, the question for determination is not a factual question, but one of law, viz.: Do the undisputed facts establish a consideration imposing liability on feme defendant?

W. S. Funderburg, on April 27, 1960, contracted with the United States for the construction of a dike near Charleston....

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