Fidelity & Deposit Co. v. Board of Education, 204 N.C. 607 (1933)

May 3, 1933 · Supreme Court of North Carolina

204 N.C. 607

FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. BOARD OF EDUCATION OF PENDER COUNTY et al.

(Filed 3 May, 1933.)

Appeal and Error K c—

Where it appears from the record that the Court made an error in calculating the amount recoverable by plaintiff a petition to rehear will he granted and the error corrected.

Petition to rehear.

I. C. Wright for plaintiff.

C. E. McCullen and Bryan & Campbell for Board of Education.

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-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.