W T Andrew Co. v. Mid-State Surety Corp.

Defendant Mid-State Surety Corporation appeals as of right from a November 12, 1992, judgment for plaintiff, W.T. Andrew Company, Inc. We reverse.

This is a dispute between a materials supplier, plaintiff, and a surety company, Mid-State, concerning plaintiffs claim under a labor and material payment bond issued by Mid-State 2 to the general contractor, A. Z. Shmina & Sons. The University of Michigan had contracted with Shmina to perform renovations on its Dearborn campus. Marino Mechanical Contractor Company was one of the subcontractors on the project that obtained supplies from plaintiff.…