MAC CONSTRUCTION CO. v. THRASHER CONTRACTING CO.

No. 68SC91.

162 S.E.2d 152 (1968)

1 N.C. App. 535

MAC CONSTRUCTION COMPANY, Inc. v. THRASHER CONTRACTING COMPANY.

Court of Appeals of North Carolina.

July 10, 1968.


Attorney(s) appearing for the Case

Herring, Walton, Parker & Powell, by Ray H. Walton, Southport, for plaintiff appellant.

Taylor, Allen, Warren & Kerr, by W. F. Taylor, Goldsboro, for defendant appellee.


CAMPBELL, Judge.

The plaintiff takes the position that it would be prohibitive cost-wise and impractical for it to be confined to clearing only the bed of the old canal and the ten foot shoulder; that this work would entail mostly hand work, the removal of the debris from the ten foot shoulder across the canal bed, and the debris out of the canal bed up and across and to the outer edge of the fifty foot shoulder. Very little of this work could be done by machinery...

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