United States Fidelity and Guaranty Co. v. Belew

DAVISON, Justice.

This is an action on a bond given by the contractor in the construction of a public school building. Plaintiff is the assignee of a partnership of which he is a member which furnished material to R. T. Moore, a subcontractor of the contractor. The action is for a balance due of $2,128.90 for material furnished the subcontractor. The defendant United States Fidelity and Guaranty Company, surety on the bond given to the school board to secure payment to laborers and materialmen, defends solely on the ground that the evidence is insufficient to establish that the material…