American Fire & Casualty Co. v. Martin Marietta Corp.

This is an appeal from a summary judgment granted to the plaintiff, Martin Marietta 'Corporation, on a contractor’s bond executed by the defendant, American Fire and Casualty Company, as surety.

The plaintiff supplied materials to a sub-subcontractor in connection with the construction of a service station. The prime contractor had executed as principal a contractor’s bond upon which the defendant was surety. The plaintiff was not paid, and brought suit directly against the bonding company.

By the terms of the bond the surety was bound unto the owner “as well as to all persons who may become…