Rumsey Electric Co. v. University of Delaware

Plaintiff — an electrical equipment supplier — sued to recover, as a third party beneficiary of a performance bond executed among the defendants, * the cost of materials supplied by it to a now bankrupt subcontractor for construction of a new dormitory at the University of Delaware. The opinion of the Superior Court, from which an appeal and cross-appeal were taken, appears at 334 A.2d 226. Reference is made thereto for a full recitation of the facts. We affirm.

I

A provision in the performance bond executed among the defendants barred claims brought under the bond’s provisions after one year…