Davis Construction Co. v. Granite Sand & Gravel Co.

Appellant Davis Construction Company, in 1924, was engaged in the construction of a state highway under a contract with the State Highway Commission, and in that connection gave a bond, with appellant Southern Surety Company as surety, conditioned, among other things, to pay for all materials furnished in the carrying out of the contract. After the execution of this contract and bond, the construction company, hereafter referred to as “appellant,” entered into a contract with the Granite Sand and Gravel Company, appellee herein, whereby appellee sold and delivered to appellant sand and…