Silver v. Fidelity & Deposit Co. of Maryland

BICKLEY, Justice;

This cause being before us on rehearing, and being dissatisfied with our former decision, the same is withdrawn and the following substituted therefor:

Silver sued one Tobin and Fidelity & Deposit Company of Maryland. The former defendant was not served and did not appear. The latter defendant was cast in damages and appeals.

The complaint alleged that there was due the plaintiff $986.45 for labor, services, and materials performed and furnished, as subcontractor, from Tobin, as principal contractor, upon two Federal Aid road building projects, designated as No. 131-B Roads and…