Wiley Co. v. Home Indemnity Co.

This is an action by plaintiff, a general contractor, to recover from defendant, a subcontractor’s bondsman, for the cost of materials supplied the subcontractor and for which judgment has been rendered against plaintiff and the judgment paid. The facts are these:

On May 20, 1949, plaintiff entered into a general contract with the Josephine county school district for the construction of a high school at Cave Junction, Oregon. On June 4, 1949, plaintiff awarded a subcontract in the nature of a written memorandum agreement to one Lawrence L. Tennison, dba Tennison Electric Co., whereby Tennison…