P. P. G. Industries, Inc. v. Hayes Construction Co.

Banke, Judge.

The appellant, a materialman, supplied paint to S. Herndon & Sons, Inc., a subcontractor on a construction project for which the appellee was the general contractor. All of the appellant’s dealings were with Herndon, and it had no contractual relationship with the appellee. It nevertheless instituted this action against the appellee as sole defendant to obtain a judgment for the amount due from Herndon for the supplies. The appellee moved for summary judgment, whereupon the appellant amended its complaint to add Herndon as a co-defendant. The trial court granted the appellee’s…