Choctaw, Inc. v. Great American Insurance

Sam Robinson, Associate Justice.

The Benton Plumbing Company, hereinafter called Benton, contracted with the City of Sparkman to do certain work and furnish materials in the construction of a water and sewer system. Appellee, Great American Insurance Company, made Benton’s performance and payment bond. Benton bought from appellant, Choctaw, Inc., materials used on the job. Money paid by Sparkman to Benton and in turn paid by Benton’s check to Choctaw, was credited to Benton’s account, but not all of it to the payment of the debt for the materials furnished for the Sparkman job.

Benton ran into…