Haddad v. Western Contracting Corp.

HARRY E. WATKINS, District Judge.

This is an action brought by Said S. Had-dad, a subcontractor, against Myers-Western, the principal contractor, for $48,919.89 for breach of contract in the construction of the Parkersburg, W.Va. airport. The defendant denied liability and filed a counterclaim against plaintiff and National Surety *214Corporation, the surety upon plaintiff’s performance and payment bonds for tcrtal damages of $130,986.18. National Surety denied any liability upon either the performance or payment bond for breach of contract by its principal, the plaintiff herein. It sets out two…