Judges: PER CURIAM:
Attorneys: Otto C. Stegemann and David B. Newsom, for Petitioners.
J.O. Phillips and George C. McCaughan and Knight Green, for Respondents.
Filed: Jun. 17, 1941
Latest Update: Mar. 02, 2020
Summary: We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent c
Summary: We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent co..
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In petition for rehearing it is contended that our opinion filed herein on June 17, 1941, may be construed to limit the court below to a determination of what, if anything, may be due from the owner to the contractor. Such is not the purport of our opinion.
Whether the contractor or agent is liable to the owner under the terms of the contract or the owner may be liable to the contractor or agent under the terms thereof, is a question upon which we express no opinion. The contract as between the owner and the contractor or agent speaks for itself as to its terms and the court below is free to determine all questions which are, or may be, properly presented and not foreclosed by our opinion and judgment, supra.
Petition for rehearing denied.
BROWN, C. J., WHITFIELD, BUFORD, and ADAMS, J. J., concur.
