Jackson Lumber Co. v. Moseley

This is a contest between appellant lumber company, as assignee under a building contract, and Maryland Casualty Company, as surety on such contract, over a balance owing by Niles Moseley under the contract, which balance, under bill of interpleader, Moseley has paid into court. Appellant, by cross-bill, also seeks a personal decree against Moseley. The lower court awarded the money to the surety company and denied the personal decree, from which the lumber company appeals.

On October 3, 1940, Tom B. Scott, by written contract, agreed to construct for Moseley, according to designated drawings…