Progress Glass Co. v. American Insurance

Opinion

RATTIGAN, J.

Plaintiff Progress Glass Company, a corporation, furnished labor and materials as a subcontractor in the construction of a motel complex. A balance due it from the original contractor was not paid. Plaintiff commenced this action to recover the balance from de fendant American Insurance Company as the surety on a labor and materials payment bond given by the original contractor as the principal. The trial court granted defendant’s motion for summary judgment on the ground that the action was barred by a provision in the bond requiring that the action be commenced within a…