Carolina Portland Cement Co. v. United States Fidelity & Guaranty Co.

This is a suit by a furnisher of materials against a subcontractor and the surety on the general contractor’s bond, in solido, to recover the sum of $277.95 for building material sold and delivered.

The subcontractor pleaded payment. The surety called the general contractor in warranty, averring that in the application for the bond the contractor agreed to indemnify the surety against any loss as a result of signing the building contract as surety. The defenses of the surety and the general contractor are:(1) That the claim was paid because, where the furnisher of building materials keeps…