Tonn & Blank, Inc. v. D. M. Asphalt, Inc.

Benham, Judge.

Appellant Tonn & Blank, Inc. (Tonn) was the general contractor for a shopping center construction project and appellant Hartford Fire Insurance Company (Hartford) was the surety on two construction bonds supplied by Tonn. Appellee D. M. Asphalt, Inc. (D. M.) filed a materialman’s lien against the improved property and its owners, and sued Tonn; Hartford; and Pond & Sand, Inc. (Pond), seeking to recover payment for asphalt D. M. had supplied to D. E. Smith, Inc. (Smith) for paving work performed in the course of the construction. Tonn sought summary judgment on the issue of its…