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2 COURT OF APPEALS [21
Poole & Kent Corp. v. Thurston & Sons
immaterial to a determination of whether the contractor had a right
to terminate its contract with a subcontractor, and the court's findings
as to such agreements were mere surplusage.
APPEAL by plaintiff from Gambill, Judge, 5 June 1972 Ses-sion
of Superior Court held in FORSYTCHou nty.
Civil action to recover damages for breach of contract and
to restrain defendant from performing further work under the
contract. Defendant denied any breach on its part and counter-claimed
to recover damages resulting from plaintiff's breach.
Robert E. McKee General Contractor, Inc. (McKee) was
the general contractor, plaintiff was a subcontractor under
McKee, and defendant was a second tier subcontractor under
plaintiff performing insulation work on the North Carolina
Baptist Hospital construction project in Winston-Salem, N. C.
Paragraph 12 of plaintiff's contract with defendant, which was
dated 27 March 1969 and in which plaintiff was designated the
"Contractor" and defendant the "Subcontractor," contained the
following :
"12. At all times Subcontractor shall provide compe-tent
supervision, a sufficient number of skilled workmen,
and adequate and proper materials to maintain the progress
required by Contractor. All labor used throughout the work
shall be acceptable to the Contractor and of a standing or
affiliation that will permit the work to be carried on har-moniously
and without delay, and that will in no case or
under any circumstances cause any disturbance or delay to
the progress of the building, structure of facilities or any
other work being carried on by the Contractor, Owner
and/or General Contractor."
In its complaint, filed 15 December 1970, plaintiff alleged :
When its contract with defendant was executed on 27 March
1969, defendant was a party to a collective bargaining agree-ment
with a local Asbestos Workers Union affiliated with the
American Federation of Labor; during the progress of defend-ant's
work on its subcontract with plaintiff, this collective bar-gaining
agreement expired and has not been renewed; no
subsequent collective bargaining agreement has been entered into
between defendant and the Asbestos Workers Local Union "or
any other recognized collective bargaining unit recognized by
the National Labor Relations Board"; because of a labor dispute
existing between defendant and the Asbestos Workers Local
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 31.9 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 30 |
| Full Text | 2 COURT OF APPEALS [21 Poole & Kent Corp. v. Thurston & Sons immaterial to a determination of whether the contractor had a right to terminate its contract with a subcontractor, and the court's findings as to such agreements were mere surplusage. APPEAL by plaintiff from Gambill, Judge, 5 June 1972 Ses-sion of Superior Court held in FORSYTCHou nty. Civil action to recover damages for breach of contract and to restrain defendant from performing further work under the contract. Defendant denied any breach on its part and counter-claimed to recover damages resulting from plaintiff's breach. Robert E. McKee General Contractor, Inc. (McKee) was the general contractor, plaintiff was a subcontractor under McKee, and defendant was a second tier subcontractor under plaintiff performing insulation work on the North Carolina Baptist Hospital construction project in Winston-Salem, N. C. Paragraph 12 of plaintiff's contract with defendant, which was dated 27 March 1969 and in which plaintiff was designated the "Contractor" and defendant the "Subcontractor" contained the following : "12. At all times Subcontractor shall provide compe-tent supervision, a sufficient number of skilled workmen, and adequate and proper materials to maintain the progress required by Contractor. All labor used throughout the work shall be acceptable to the Contractor and of a standing or affiliation that will permit the work to be carried on har-moniously and without delay, and that will in no case or under any circumstances cause any disturbance or delay to the progress of the building, structure of facilities or any other work being carried on by the Contractor, Owner and/or General Contractor." In its complaint, filed 15 December 1970, plaintiff alleged : When its contract with defendant was executed on 27 March 1969, defendant was a party to a collective bargaining agree-ment with a local Asbestos Workers Union affiliated with the American Federation of Labor; during the progress of defend-ant's work on its subcontract with plaintiff, this collective bar-gaining agreement expired and has not been renewed; no subsequent collective bargaining agreement has been entered into between defendant and the Asbestos Workers Local Union "or any other recognized collective bargaining unit recognized by the National Labor Relations Board"; because of a labor dispute existing between defendant and the Asbestos Workers Local |
