Dixie Bldg. Material Co. v. Mertz

This is a suit by a materialman against the surety on a building contract bond and the contractor in solido to recover the balance of $148.93 alleged to be due for material sold and delivered to the contractor between July 14, 1927, and August 4, 1927.

The bonding company answered, admitting the issuance of the bond in the sum of $2,-500, securing the faithful performance of the building contract by the general contractor, but averred that its obligation was fully discharged by paying $1,457.01 to three lien creditors and $1,042.99 to the owner, or a total of $2,500, the full amount of the…