Riley Construction Co. v. Schillmoeller & Krofl Co.

This appeal involves three summary judgments in favor of the plaintiff-subcontractors, Riley Construction Company, Arnold P. Johnson, Inc., and Stanley J. Matson, against the defendant-surety, Argonaut Insurance Company, on a payment bond given by the insurance company and the general contractor, Schill-moeller & Krofl Company, Inc.

Summary judgment should not have been granted. It was reversible error for the trial court to impose liability upon Argonaut as surety without even considering whether or not the principal under the bond, the general contractor, was liable for payment under the…