Da-Col Paint Manufacturing Co. v. American Indemnity Co.

POPE, Justice.

The legal questions presented are whether a supplier of paint gave timely notice to the proper parties such as will support its claim against the surety on a Hardeman Act payment bond, and whether the claimant may recover against the surety on a bond executed by a sham contractor as principal.

Da-Col Paint Manufacturing Company instituted suit against C. Hayman Construction Company for payment for paint it delivered to Hayman. Da-Col also joined as defendants, Shiloh Terrace Apartments, a partnership, and American Indemnity Company, the surety upon the apparent original…