Supply Service, Inc. v. Jenson Construction Co.

The opinion of the court was delivered by

Jackson, J.:

The appellant brought an action in the court below against the named appellees on a statutory materialmen’s bond issued by the Travelers Indemnity Company to cover the building or construction work by the Jenson company on a school building at Halstead. The pertinent statutes are found in G. S. 1949, 60-1413 and 60-1414. This action was not brought until more than six months had elapsed from the completion of the building. The trial court held the action could not be maintained, and the plaintiff has appealed.

A default judgment was entered…