Dixie Lime & Stone Co. v. Ryder Truck Rental, Inc.

Stolz, Judge.

Dixie Lime and Stone Company (Dixie) filed an action against Ryder Truck Rental, Inc. (Ryder), as property owner, and Reliance Insurance Company of Philadelphia, Pennsylvania (Reliance), as surety on bond, to foreclose a lien for materials furnished in the improvement of Ryder’s real property.

The essential facts are undisputed. In September 1974, Ryder employed Aspinwall Contracting Company, Inc. (Aspinwall) to make certain improvements on its property. Aspinwall subcontracted part of the work to be done to Donald Byrd, d/b/a Deep South Construction Company (Byrd). On September…