Terry Contracting, Inc. v. Commercial Insurance Co. of Newark, N. J.

A general contractor has sued the surety of a subcontractor on a performance bond. It is not denied that the latter failed to deliver the ordered steel and pipe railing when required by plaintiff — at a time when due to a strike in the industry and other conditions such steel was relatively scarce and high in price — but it is urged by defendant that it was plaintiff, and not its principal, who was responsible for the failure to carry out the terms of the contract. Plaintiff has moved for summary judgment, contending that, there are no triable issues in view of the terms of the written…