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VOGEL v. REED SUPPLY COMPANY

No. 8.

177 S.E.2d 273 (1970)

277 N.C. 119

Daniel A. VOGEL, Jr., and C. Whid Powell, Jr., Partners, t/d/b Da Pow Developers Company, a Partnership, Plaintiffs, v. REED SUPPLY COMPANY, a Corporation, Defendant, and June B. Vogel and Marilyn M. Powell, Partners, In Da Pow Developers Company, a Partnership, Da Pow Developers, Inc., Provident Mutual Life Insurance Company of Philadelphia, and Northwestern Bank, Additional Defendants (Case No. 1). REED SUPPLY COMPANY, a Corporation, Plaintiff, v. DA POW DEVELOPERS, INC., Daniel A. Vogel, Jr., June B. Vogel, C. Whid Powell and Marilyn M. Powell, t/d/b Da Pow Developers Company, a Partnership, Provident Mutual Life Insurance Company of Philadelphia and Northwestern Bank, Defendants (Case No. 2).

Supreme Court of North Carolina.

October 14, 1970.

Attorney(s) appearing for the Case

Morgan, Byerly, Post & Keziah by William L. Johnson, Jr., High Point, for Reed Supply Co., appellant.

Fairley, Hamrick, Monteith & Cobb by James D. Monteith, Charlotte, and Newsom, Graham, Strayhorn & Hedrick by Josiah S. Murray III, Durham, for Daniel A. Vogel, Jr., and C. Whid Powell, Jr., t/a Da Pow Developers Co., a partnership, appellee.

Nye & Mitchell by R. Roy Mitchell, Durham, for Da Pow Developers, Inc., appellee.

HUSKINS, Justice.

FIRST CASE (69-CVS-41)

Unless the landowner (Da Pow Developers Company) is a third-party beneficiary of the subcontract between the general contractor (Da Pow Developers, Inc.) and the subcontractor (Reed Supply Company), an action by the landowner against the subcontractor for breach of the subcontract cannot be maintained, and Reed's motion for summary judgment in the first case (69-CVS-41) must be allowed. Rule 56, Rules of Civil Procedure...

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