Apex Supply Co. v. Commercial Union Insurance

Smith, Judge.

The appellant, Apex Supply Co., brought suit against Commercial Union Insurance Co. to recover on a bond given pursuant to Code § 67-2004 to discharge a materialman’s lien. Summary judgment was entered in Commercial Union’s favor, and Apex appeals. The record discloses undisputed facts which amount to a waiver of the bond; we therefore affirm.

The undisputed facts are as follows. Apex supplied materials to J. & H. Plumbing Co. for several of J. & H.’s jobs. On one of these jobs, J. & H. was a subcontractor for Centenna Construction, who was the general contractor for Brookside…