United States Fidelity and Guaranty Co. v. Hirsch

BERNSTEIN, Chief Justice.

Appellant insurance company was defendant in a suit to recover on a contractor’s license bond issued pursuant to A.R.S. 32-1152. 1 The suit was against the prime contractor and defendant insurance company. The trial court heard the case without a jury and rendered judgment for the plaintiffs for the full amount of the bond. It is from that judgment that defendant appeals, contending that judgment should have been entered in its favor as a matter of law.

Plaintiff was a materialman. He sold lumber, hardware and other building materials to a licensed contractor who was…