Rish v. THEO BROS. CONSTRUCTION CO., INC.

Gregory, Justice.

This is an appeal from an order sustaining the demurrers of respondent St. Paul Fire and Marine Insurance Company to three complaints asking for recovery on a payment bond. The parties have agreed that the actions be consolidated for appeal. The question is whether rented construction equipment is “materials” under the bond. We find it is not and affirm the lower court.

For the purposes of the demurrers, it was accepted as true that each appellant rented construction equipment to Theo Bros. Construction Company for that company’s use in a contract with the South Carolina State…