Benson Paint & Varnish Co. v. American Surety Co.

This is a suit by a matqrialman on a bridge bond to secure a contract with Alabama State Bridge Corporation, and was payable to it.

The question on this appeal is whether this suit should be abated because of the prior pendency of another suit by another materialman on the same bond. Though the question of whether the Gen. Acts of 1927, p. 356 et seq., has application because the contract was with and the bond payable to Alabama State Bridge Corporation was not argued in briefs, the record shows that situation, and the only question on this appeal is controlled by that act, and therefore we…