Mead, Samuel & Co. v. United States Fidelity & Guaranty Co.

OPINION

KEDDIE, Judge.

This is an appeal from summary judgment entered in favor of appellee United States Fidelity and Guaranty Company (defendant in the trial court and referred to herein as U.S.F.&G.) against appellant Mead, Samuel & Co., Inc. (plaintiff in the trial court and referred to herein as Mead, Samuel).

Mead, Samuel’s predecessor in interest, Woodlakes, Inc., was the contractor for the construction of a 153 unit apartment complex in Tempe, Arizona, to be known as Woodlakes Apartments. On February 5, 1975, Woodlakes, Inc., executed a subcontract with Desert Sun Drywall, Inc. (Desert…