Aetna Casualty & Surety Co. v. Aluminum Co. of America

Quillian, Judge.

1. The defendant contends that the affidavit of W. R. Dague, the plaintiff’s credit manager, was not sufficient to carry the burden of proving that the material was used in the "prosecution of the work.” The affidavit stated in part that: the plaintiff furnished the materials that "were used” in the construction of the hospital; that the direct contract of Aluminum Company of America with the sub contractor of George A. Fuller Company, Inc. was for material which was used and reasonably required for use in the performance and fulfillment of the said contract between George A.…