Kimball v. Parks

This suit was brought by a materialman against the surety of a contractor for supplies used and furnished in the erection of a municipal auditorium in Chattanooga. The contractor’s bond was executed in accordance with the provisions of chapter 182 of the Acts of *1051899 (Thompson’s-Shannon’s Code, section 1135a et seq.), conditioned “to pay for materials and labor used in said contract.”

There was a decree in favor of the complainant below, from which the defendant surety has appealed to this court.

The contractor became insolvent, quit the job, and the job was completed by the surety. Within…