United States Gypsum Co. v. Columbia Casualty Co.

(dissenting). — The United States Gypsum Company had two contracts with Louis Fleisher Construc tion Company to furnish materials to the Construction Company which had entered into a contract with Reverend Patrick Barry, Bishop of St. Augustine, to erect a school building for the St. James Roman Catholic Parish at Orlando, Florida.

The Fleisher Construction Company executed a bond with the Columbia Casualty Company as surety in favor of Bishop Barry to indemnify the latter against the failure of the Fleisher Construction Company to faithfully perform the contract on its part and satisfy all…