Home Owners Insurance v. Charles Sales Corp.

Home Owners Insurance Company, defendant in the trial court, appeals from a final judgment for the plaintiff, Charles Sales Corp. of Orlando, entered upon a surety bond given by appellant to guarantee payment for materials furnished to its principal for use by the principal in the construction of a building.

Appellant does not deny that appellee furnished the materials. But appellant urges that it was entitled to a judgment at the conclusion of the non-jury trial because of uncontradicted evidence that ap-pellee accepted from the principal a 60-day note as payment for the materials. The note…