Warm Springs Forest Products Industries v. Rimrock Ranch, Inc.

Plaintiff brought this action to recover the unpaid balance due from Rimrock Ranch, Inc., under an agreement for the sale of logs from plaintiff to Rimrock, and to recover on a payment bond under which defendant The Murphy Company (Murphy) is the principal and defendant Transamerica is the surety.1 Plaintiff originally alleged that defendants were guarantors of Rimrock’s performance. During trial, plaintiff moved to amend its complaint to allege that, under the bond, “Murphy assumed the obligation to pay for timber pursuant to the contract” between plaintiff and Rimrock and that Transamerica…