The decision in the case of Cavarnos-Wright Co. v. Blythe Brothers Co., ante, 583, is determinative of this appeal.
The judgment below is
Affirmed.
Broadhurst v. Blythe Bros., 217 N.C. 585 (1940)
May 22, 1940
·
Supreme Court of North Carolina
217 N.C. 585
MINNIE KINLEY BROADHURST and J. N. WRIGHT v. BLYTHE BROTHERS COMPANY, A. H. GUION & COMPANY, CITY OF HIGH POINT, and SOUTHERN RAILWAY COMPANY.
(Filed 22 May, 1940.)
Appeal by defendant city of High Point from Olive, Special Judge, at November Term, 1939, of Guileoeu.
Affirmed.
Motion in the cause by the defendant city of High Point for an order making the United States Casualty Company of New York, contract surety of the defendant A. H. Guión & Company, a party defendant.
*586Tbis is a companion action to that entitled C avarnos-W right Go. v. Blythe Brothers Go., ante, 583. Tbe facts set forth in the complaint are substantially the same except that it is alleged that the plaintiffs herein are the owners of the property of which C avarnos-Wright Company were the lessees and damage to the property, through the negligence of the contractor, is alleged. After hearing the motion of the defendant city of High Point the court below entered its order denying the same. Said defendant excepted and appealed.
G. H. J ones for defendant city of High Point, appellant.
Frazier & Frazier and R. G. Gherry for respondent United States Casualty Company of New York, appellee.