Fidelity & Deposit Co. v. Board of Education

169 S.E. 926, 204 N.C. 607, 1933 N.C. LEXIS 210

Opinion

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.