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The cause was considered in Fidelity Co. v. Board of Education,
202 N.C. 354 ,162 S.E. 763 . The petition to rehear asserts *Page 608 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.
Document Info
Citation Numbers: 169 S.E. 926, 204 N.C. 607
Judges: BROGDEN, J.
Filed Date: 5/3/1933
Precedential Status: Precedential
Modified Date: 1/13/2023