Supreme Court of North Carolina, 1933

Fidelity & Deposit Co. v. Board of Education

Fidelity & Deposit Co. v. Board of Education
Supreme Court of North Carolina · Decided May 3, 1933 · BhogueN
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

BhogueN, J.

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.