Neenah Foundry Co. v. National Surety Corp.

In this action Neenah Foundry Company, material-man, plaintiff, sued defendants, Golden Valley Homes, Inc., owner, Chesterfield Sewer & Water, Inc., contractor, and National Surety Corporation, surety on contractor’s bond, to recover $3,985 for materials alleged to have been furnished by plaintiff to the contractor and used in the construction of a sewer. Defendants, Chesterfield Sewer & Water, Inc., and Golden Valley Homes, Inc., were dismissed as parties defendant to plaintiff’s action prior to trial. The cause proceeded to trial without a jury and judgment was entered for plaintiff against…