People Ex Rel. Fox v. Fidelity & Deposit Co.

This suit was brought to recover for materials- furnished by the plaintiff and used in the construction of the waterworks at Bay City, Michigan. The contract to erect the plant and to furnish all labor and materials therefor was let to J. L. Sparling Company on September 18, 1922, for the. stipulated sum of $495,737.75. The statutory bond in the penal sum of $124,000 was given by the Sparling .Company with defendant as surety thereon. Between April 4, 1923, and November 5, 1924, the plaintiff furnished a quantity of lumber to the Sparling Company which was used in making forms for holding…