Hartford Accident & Indemnity Co. v. Stewart Bros. Hardware Co.

George Rose Smith, Justice.

The appellant Hartford was the corporate surety on a contractor’s bond given to secure the payment of bills for labor and material furnished to the contractor on a private construction job. The contractor ceased work on the contract on March 26,1976. Some two years later, on May 31, 1978, the appellee Stewart Brothers brought this action against Hartford to recover an amount owed for materials furnished to the contractor, plus the statutory penalty and attorney’s fee. Hartford pleaded as its defense a one-year limitation period contained in the bond sued upon. The…