National Oil & Supply, Inc. v. Vaughts, Inc.

PREWITT, Judge.

Plaintiff-Appellant sold material to Vaughts, Inc., which was used in resurfacing roads under an agreement between Vaughts, Inc. and Stone County acting through defendants-respondents, Stone County’s commissioners. Appellant stated in its petition that respondents failed to require a payment bond pursuant to § 107.-170, RSMo 1986. Appellant and respondents each filed a motion for summary judgment. The trial court denied appellant’s motion and entered summary judgment for respondents.1

Vaughts, Inc. performed the work and was paid for it. Appellant’s contention in the trial court…