Sam Finley, Inc. v. Interstate Fire Insurance

Pannell, Presiding Judge.

A subcontractor, on June 19,1973, brought an action against a contractor seeking recovery of the amount owed the complainant by the contractor arising out of the performance by the complainant of the subcontract with the contractor, and subsequently on October 29, 1973, filed a motion to make the surety on a labor and material payment bond (on which the contractor was the principal) a party to the action. The motion was granted and an amendment was filed on November 14,1973, naming the surety as a defendant in Count 2 of the complaint as amended seeking recovery of…