Mid-Continent Casualty Co. v. W. S. Dickey Clay Mfg. Co.

JACKSON, Justice.

This is an appeal by co-defendant, Mid-Continent Casualty, from judgment for plaintiff in an action for the recovery of money due for materials furnished by plaintiff for use in a public construction project in Tulsa. Plaintiff, W. S. Dickey Clay Manufacturing Company, furnished the materials to Southwest Construction Company, the prime contractor on a contract with the City of Tulsa for the construction of sanitary sewers. When the bill became past due and unpaid, plaintiff sued the con*649struction company and the surety, Mid-Continent Casualty, on its statutory bond. The…