United City of Yorkville Ex Rel. James B. Clow & Sons, Inc. v. W. J. Lewis Construction Co.

This is an action brought by a subcontractor against the general contractor and its surety company to recover for materials furnished in the course of installing a water main extension for a municipality. At the conclusion of the plaintiff’s case, the trial court sustained the motion of the surety company to find the issues against the plaintiff and in favor of the surety, and the plaintiff has appealed.

For ease of reference, the United City of the Village of Yorkville will be referred to as Yorkville; James B. Clow & Sons, Inc., as Clow; W. J. Lewis Construction Co. as the contractor;…