Union Indemnity Co. v. Ricks

The action is against the surety upon a contractor’s bond for construction of a state highway, project S-170, in Blount county. Gen. Acts 1927, p. 356, §~28.

The appeal is to review judgments rendered in favor of certain interveners, upon claims against the contractor for labor and materials.

The point is here raised that the original suit, brought by J. R. Ricks, in which all other claimants intervened as per statute and order of court, was prematurely brought.

Under our statute, no suit on the bond shall be “commenced until after the complete performance of said contract and final settlement…