Murphree v. Trinity Universal Insurance

The opinion of the court was delivered by

Price, J.:

This was an action by a subcontractor against the contractor and his corporate surety on what is commonly referred to as a statutory lien bond.

In December, 1950, one Gould and his wife entered into a written contract with one Abney, a contractor, whereby the latter was to construct a home for the Goulds in the city of Newton for the contract price of $25,000. The contract provided for the giving of a bond by Abney to guarantee faithful performance of the contract, but did not provide for a bond to guarantee payment of lienable claims such as…