Cliff Byler v. Great American Insurance Company

PICKETT, Circuit Judge.

This action was brought by a subcontractor on private construction work in Oklahoma, to recover on a performance and payment bond furnished the owner by the prime contractor. After the surety company’s motion to dismiss was denied, the parties agreed to a stipulation of facts and each filed motions for summary judgment. The trial court granted appellee’s motion, concluding that the contractor’s bond on which appellant Byler sued was not made expressly for his use and benefit; and that under the provisions of the subcontract, Byler had no claim against the prime…