The Howard P. Foley Company v. J. L. Williams & Co., Inc., Highlands Insurance Co., and Standard Brands, Inc.

ROSS, Circuit Judge.

This action arose out of the construction of a nut processing plant and warehouse in Fort Smith, Arkansas. A contract was entered into between appellee Standard Brands, Inc. (Standard Brands), the project owner, and appellee J. L. Williams & Co., Inc. (Williams), the prime contractor. A number of subcontractors were retained to work on the project, including appellant, The Howard P. Foley Company (Foley), who was hired to do the electrical work. Appellee Highlands Insurance Co., was the surety for Williams.

Foley and Williams entered into a contract whereby Foley agreed to…