Snow v. Durham County Com'rs

• Decision Date: 27 March 1893
• Citation: Snow v. Durham County Com'rs, 17 S.E. 176, 112 N.C. 335 (N.C. 1893)
• Parties: SNOW et al. v. BOARD OF COM'RS OF DURHAM COUNTY.
• Court: North Carolina Supreme Court

17 S.E. 176

112 N.C. 335

SNOW et al. v. BOARD OF COM'RS OF DURHAM COUNTY.

Supreme Court of North Carolina

March 27, 1893

Appeal from superior court, Durham county; H. G. Connor, Judge.

Action by H. N. Snow and J. C. Ellington, L. H. Royster, and B. F Park, copartners as Ellington, Royster & Co., against the board of commissioners of Durham county, for a balance due on a building contract.From a judgment for plaintiffsdefendants appeal.Affirmed.

A county court house does not come within the purview of the mechanic's lien law; and a mechanic's lien for labor and materials done and furnished in the erection thereof cannot attach thereto.

The parties waived trial by jury, and consented for the court to hear and determine all questions of law and fact.Pursuant thereto the court heard the testimony, and found the following facts: "The plaintiffsJ. C. Ellington, L. H Royster, and B. F. Park, doing business under the firm name and style of Ellington, Royster & Co., in the city of Raleigh, N. C., on the 5th day of July, 1887, entered into a contract in writing with the defendants, the board of commissioners of Durham county, whereby they undertook to erect, in the town of Durham, in said county, a public courthouse, in accordance with certain plans and specifications therein referred to.A copy of said contract is hereto attached, marked 'Exhibit A.'That, as a part of said plan and specifications, it was provided that certain plumbing and piping were to be placed in said courthouse.That said Ellington, Royster & Co. contracted with Goodwin & Co. to do the said plumbing and piping, and the said Goodwin & Co. transferred their said contract to the plaintiffH. N. Snow, and on the 26th day of October, 1888 the said H. N. Snow transferred the said contract to J. C Brewster, of Raleigh, N.C. A copy of said transfer is hereto attached, marked 'Exhibit B.'Goodwin & Co.were to receive for said plumbing and piping the sum of twelve hundred dollars from the said Ellington, Royster & Co.Goodwin & Co. and H. N. Snow had, for the purpose of completing said work, purchased certain material, which they transferred to said J. C. Brewster, together with some tools etc.In consideration of the said assignment and the said material and tools, etc., the said J. C. Brewster, on the said 26th day of October, 1888, executed to the plaintiffH. N. Snow his promissory note for the sum of six hundred and ninety-four and 46-100 dollars, to be due January 15, 1889.Said Ellington, Royster & Co. had notice of, and assented to, the assignment to said J. C. Brewster.There was an agreement made after the execution of the note on the part of said J. C. Brewster, with said H. N. Snow, that the said note should be paid out of the money coming to him from the commissioners of Durham on account of the plumbing and piping of the said courthouse.Ellington, Royster & Co. had notice of, and assented to, this agreement.The said Ellington, Royster & Co. having a claim against the plaintiffH. N. Snow, on account of some work,--work included in said contract,--for the sum of thirty-eight dollars, the said H. N. Snow, on the 11th day of December, 1888, indorsed the said note to them, with the agreement, made on said day, that they were to receive the money therefor from said amount due Brewster from said work, and, after deducting said sum, pay the balance to the said H. N. Snow; and said J. C. Brewster was a party to this said agreement.The defendant board of commissioners was notified of the plaintiffs' claim, and the agreement between J. C. Brewster, Ellington, Royster & Co., and the plaintiff, on the 1st day of April, 1889, after the said courthouse and the said plumbing and piping had been completed.The said plumbing and piping was the last work done on said courthouse.James Robertson, trading under the firm name and style of James Robertson & Co., of the city of Baltimore, between the 6th day of November, 1888, and the 23d day of the said month, in the same year, furnished to the said J. C. Brewster plumbing and piping materials, which were used by the said Brewster in and on account of the said courthouse, of the value of nine hundred and four and 8-100 dollars, ($904.08,) which sum said Brewster failed to pay the said James Robertson & Co.The said James Robertson & Co., on the 19th day of December, 1888, filed in the office of the clerk of the superior court of Durham county notice of lien on said courthouse, and all unpaid balance due or to become due from the board of commissioners of Durham county to said Ellington, Royster & Co., and from Ellington, Royster & Co. to Goodwin & Co. or to H. N. Snow, surviving partner of said Goodwin & Co., or to J. C. Brewster, as subcontractor, *** to an amount sufficient to pay the aforesaid bills for material, amounting to nine hundred and four and 8-100 dollars.A copy of said lien is hereto attached, marked 'Exhibit C.'The defendant board paid to the said Ellington, Royster & Co. all of the contract price for building said courthouse, except the sum of eight hundred and sixty-three dollars, ($863,) which was the balance due J. C. Brewster on account of the...