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SYRO STEEL CO. v. HUBBELL HIGHWAY SIGNS, INC.

No. 914SC1109.

424 S.E.2d 208 (1993)

108 N.C. App. 529

SYRO STEEL COMPANY, Plaintiff, v. HUBBELL HIGHWAY SIGNS, INC., Propst Construction Company and Seaboard Surety Company, Defendants.

Court of Appeals of North Carolina.

January 5, 1993.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman by Wayne P. Huckel and Cory Hohnbaum, Charlotte, for plaintiff-appellee.

Johnston, Taylor, Allison & Hord by John B. Taylor and Greg C. Ahlum, Charlotte, for defendant-appellants Propst Const. Co. and Seaboard Sur. Co.

WALKER, Judge.

Defendants bring forward primarily two assignments of error for this Court to consider on appeal. They argue: (1) Syro is barred from recovering against Propst's payment bond on the grounds of equitable estoppel, since Syro authorized Propst to pay Hubbell; and (2) the trial court erred in determining that Syro is entitled to recover the full amount of its claim against Propst's payment bond when a genuine...

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