Sparks Construction, Inc. v. Newman Brothers, Inc.

HOLMES, Judge.

From the Circuit Court of Morgan County, Alabama, defendant-appellant Sparks Construction Company, Inc., appeals from a judgment of $4,268. The plaintiff-appellee, Newman Brothers, Inc., brought suit in the lower court against appellant and Aetna Casualty & Surety Company under a bond provided in compliance with Ala.Code, Tit. 50, § 16 (1940). Appellee sued for alleged payments due for certain materials supplied. By agreement of the parties, Aetna Casualty & Surety Company was dismissed as a party defendant.

The case was tried before a jury and at the conclusion of the evidence,…