National Surety Corp. v. Wunderlich

THOMAS, Circuit Judge.

This is an action brought by appellee against appellant, the surety on a bond executed by the Hardaway Contracting Company as principal and running to the State of Alabama as obligee. The appellee, a subcontractor on an Alabama road construction project, seeks recovery from the surety for an unpaid balance alleged to be due for labor and materials furnished to the Hardaway Company, general contractor for the project. Judgment was entered in favor of the appellee for the amount of his claim, $4,848.41, with interest and costs. This appeal followed.

The appellant contends…