Triple I Supply, Inc. v. Sunset Rail, Inc.

HALL, Chief Justice:

Defendant Sunset Rail, Inc. (owner), appeals a judgment in favor of plaintiff Triple I Supply, Inc. (materialman), for the cost of insulation furnished at a construction site. Defendant had already paid those costs to the contractor, Bell Construction Company, but nevertheless was held liable to plaintiff therefor by reason of its failure to furnish a bond to protect materialmen. 1

Plaintiff, a supplier of building insulation, had an open account with Bell Construction Company. On February 6, 1980, Bell placed a work order with plaintiff for insulation material to be used…