Saint Paul Mercury Indemnity Company v. Wright Contracting Company

PARKER, Chief Judge.

This is an appeal from a judgment for plaintiff in an action by a prime contractor on a road construction contract to recover on the bond of a subcontractor for sums that the former was required to pay for supplies furnished the latter. Plaintiff, the prime contractor, was the Wright Contracting Company, which had entered into contract with the North Carolina State Highway and Public Works Commission to do certain road construction work and had given bond as required by North Carolina General Statutes, § 136-28 to pay for labor and materials furnished in connection…