INTERSTATE EQUIPMENT CO. v. SMITH

No. 7622SC157.

229 S.E.2d 241 (1976)

INTERSTATE EQUIPMENT COMPANY v. C. Christopher SMITH, Receiver for Bollinger Construction Company, et al.

Court of Appeals of North Carolina.

November 3, 1976.


Attorney(s) appearing for the Case

Raymer, Lewis, Eisele & Patterson, by Douglas G. Eisele, Statesville, for plaintiff.

Haywood, Denny & Miller, by John C. Martin, Durham, for Great American Ins. Co.


BROCK, Chief Judge.

It has long been established that a person for whose benefit a promise is made to another, though not a party to the agreement or privy to the consideration, may maintain an action upon the promise, and one who has assumed or contracted for the payment of another's debt may be sued directly by the creditor. 2 Strong, N.C. Index, Contracts, § 14. The same principle applies to the intended beneficiaries of a contractor's or subcontractor's bond...

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