Fidelity & Deposit Co. v. Board of Education
Fidelity & Deposit Co. v. Board of Education
169 S.E. 926; 204 N.C. 607; 1933 N.C. LEXIS 210
(South Eastern Reporter)
Fidelity & Deposit Co. v. Board of Education
Opinion of the Court
The cause was considered in Fidelity Co. v. Board of Education, 202 N. C., 354, 162 S. E., 763. The petition to rehear as- *608 sei'ts that the writer of the opinion made an error of calculation in assuming that the amount of retained percentage in controversy was $4,375.20, whereas in fact the retained percentage based upon the contract price, would amount to $7,442.70. A reexamination of the record discloses that the contention of the plaintiff is correct and that such error was made. The plaintiff is therefore entitled to recover the sum of $4,375.20, and it is so adjudged.
Petition allowed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.