Denny & Associates, Inc. v. SOUTHERN AGGREGATES COMPANY

Sognier, Judge.

Denny & Associates, Inc. (Denny) instituted an action against Southern Aggregates Company (Southern) as principal, and St. Paul Fire and Marine Insurance Company (St. Paul), as surety, to recover on payment bonds entered into under a public works project. The trial court denied Denny’s motion for summary judgment, and the parties thereafter submitted the case on undisputed facts for decision by the court. The trial court dismissed Denny’s complaint on the merits, and Denny appeals.

The record reveals that appellee Southern was the general contractor for the “Savannah Streets…