Tullahoma Concrete Pipe Co. v. T. E. Gillespie Construction Co.

For the sake of convenience we will, as counsel have done, refer to the parties herein as they were designated in the trial court, to-wit, Tullahoma Concrete Pipe Company, Inc., as complainant, and to each defendant simply as “defendant.” There being-several defendants, we will refer to the defendant, T. E. Gillespie individually and d./b/a Gillespie Construction Company, as “Gillespie” and the defendant, United States Fidelity and Guaranty Company, as “surety.” "We will refer to the third defendant, Ogles-Comer Company, Inc., as “Ogles-Comer”.

The facts of the case are briefly as follows:

The…