State ex rel. Thuney Logging, Inc. v. Fireman's Fund Insurance

Thuney Logging, Inc., a claimant against a highway contractor’s performance bond, appeals a judgment in favor of the bonding company in an action to recover money alleged to be due from a subcontractor for equipment rentals.

The bonding company’s answer alleged conflicting intercorporate interests which, the bonding company contended, made the claimant ineligible to proceed against the bond. The trial court did not decide the issues thus raised in the equitable defense, but disposed of the claim on another ground, i.e., that the claimant had faded to plead and prove that the relevant…