Noland Co. v. Commercial Insurance

Stolz, Judge.

The appellant materialman brought an action against the appellees to recover on a labor and material payment bond which designated the appellees as co-sureties, and the building general contractor as principal. The trial judge granted summary judgment for the appellees on the basis of their discharge by the appellant’s refusal to sue the principal subsequent to notice given pursuant to Code § 103-205, from which judgment the appellant appeals.

1. The appellant contends that Code § 103-205 is not applicable to the bond in question. Its argument is substantiálly as follows: The…