Graettinger Tile Works v. Paine

The defendant C. E. Paine was the principal contractor in a drainage project in Kossuth County. The plaintiff was a subcontractor, which furnished to Paine a large quantity of material for such project. As such, it filed a lien, which filing’ resulted in the tying up of funds otherwise payable to Paine. In order to obtain a release of such funds, Paine gave bond, with the defendant United States Fidelity & Guaranty Company as surety. This action was brought primarily upon the bond. However, it made the defendant Gjellefald a party defendant, under an allegation that he was the partner of…