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INTERSTATE EQUIPMENT CO. v. SMITH

No. 56.

234 S.E.2d 599 (1977)

292 N.C. 592

INTERSTATE EQUIPMENT COMPANY v. C. Christopher SMITH et al.

Supreme Court of North Carolina.

May 10, 1977.

Attorney(s) appearing for the Case

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

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

MOORE, Justice.

Great American, as surety, contends that it cannot be held liable for the amounts alleged to be due Interstate from the principal Bollinger for rental payments, repairs, tire adjustments and interest, for the reason that the amounts claimed to be due are not "labor and materials" under the condition of its bond with Bollinger.

It has long been established that a third party, for whose benefit a contract has been made, may maintain an action...

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