Few v. Capitol Materials, Inc.

Eldridge, Judge.

Appellee-plaintiff Capitol Materials, Inc. (“Capitol”) filed a materialman’s lien due to the failure to pay for specific building materials it delivered to the property of appellant-defendant Joseph A. Few, Jr. for improvements thereon. New discharged the lien by filing a bond. Subsequently, Capitol commenced this action against New to recover on the bond. The trial court granted summary judgment to Capitol. New appeals. On de novo review, we find no error and affirm.

1. New contends that he is an improper party to this action; that Capitol failed to pursue the contractor to…