American Casualty Company of Reading, Pa. v. Devine

*631COLEMAN, Justice.

This is an appeal by defendant from a judgment for plaintiff, rendered on the verdict of a jury, in an action against defendant as surety on a contractor’s bond required by § 16, Title 50, Code 1940, with the obligation that the contractor should promptly make payment to all persons supplying him with labor and materials for the prosecution of the work provided for in a contract for construction of an elementary school building in Decatur.

The complaint contains one count. Plaintiff alleges that on August 15, 1958, F. W. Bruce Construction Company, hereinafter sometimes…