Colorado Builders' Supply Co. v. National Fire Insurance Co.

The Colorado Builders’ Supply Co., claiming to have furnished materials for highway contractor Donald J. Kelley, in connection with a road contract at Lucerne, Wyoming, brought suit against Kelley and his bonding company, National Union Fire Insurance Company, for an unpaid bill. Kelley, being a nonresident of Wyoming, was not served with process and suit proceeded against the bonding company only.

There is no material dispute as to the facts in the case, but there is substantial disagreement as to what inferences may be drawn from those facts. The trial court construed the facts favorable to…