RGK, INC. v. U.S. FID. & GUAR. CO.

No. 7615SC527.

230 S.E.2d 600 (1976)

31 N.C. App. 708

RGK, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY et al.

Court of Appeals of North Carolina.

December 15, 1976.


Attorney(s) appearing for the Case

Vernon, Vernon & Wooten by John H. Vernon, III, Burlington, for plaintiff appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by L. P. McLendon, Jr., and M. Daniel McGinn, Greensboro, for defendant appellee.


HEDRICK, Judge.

We note at the outset that the allegations in the complaint and the recitation in the bond indicate that the principal contract between Cecil's, Inc., and Fairway Properties was entered into on 4 December 1974 approximately 9 months after the making of the subcontracts and the signing of the bond, all of which recite the principal contract as already being in existence. No one, including the trial judge, seems to have been aware of what appears on...

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