WEST DURHAM LUMBER CO. v. AETNA CASUALTY & SUR. CO.

No. 7114SC530.

184 S.E.2d 399 (1971)

12 N.C. App. 641

WEST DURHAM LUMBER CO., Inc. v. The AETNA CASUALTY AND SURETY CO. CAROLINA AIR CONDITIONING CO., Inc. v. The AETNA CASUALTY AND SURETY CO. The COMAN COMPANY v. The AETNA CASUALTY AND SURETY CO. DURHAM READY MIXED CONCRETE SUPPLY CO., Inc. v. The AETNA CASUALTY AND SURETY CO.

Court of Appeals of North Carolina.

Certiorari Denied January 4, 1972.


Attorney(s) appearing for the Case

Powe, Porter & Alphin, by James G. Billings, Durham, for plaintiffs.

Smith, Anderson, Dorsett, Blount & Ragsdale, by Samuel G. Thompson, Raleigh, for defendant.


Certiorari Denied by Supreme Court January 4, 1972.

BROCK, Judge.

We think, as did the trial judge and the attorneys, that the differences between the two general contracts and the two general contractor's bonds are differences without distinction as to the legal obligation of the defendant surety to pay claims by subcontractors, laborers, or materialmen against the general contractor. Nevertheless, the wording is somewhat different and we will set out the...

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