Canton Concrete Products Corp. v. Alder

ZASTROW, Justice.

Canton Concrete Products Corporation (Plaintiff) brought an action to recover damages for the value of construction materials provided to James Alder (Alder) and Alder Construction, Inc. The materials provided to Alder were used in a construction project Alder had contracted with the City of Yankton (City). A performance bond had been furnished by Alder to the City in the form of a certified check drawn on the American State Bank (Bank). The contract provided that the bond was to guarantee the payment of any “bills” and “obligations” incurred by Alder in the performance of…