United Bonding Insurance Co. v. WS Newell, Inc.

SIMPSON, Justice.

This is a suit wherein W. S. Newell, Inc., as plaintiff, claimed $40,000.00 damages for the breach of a condition of a bond made by United Bonding Insurance Company, as surety, with Hankins & Si-gars Trucking Company, as principal.

The case was tried to the Circuit Judge below who made special findings of fact, at the request of the appellant, as provided by Title 7, § 262, Code. The facts of the case, taken from the trial court’s opinion, were as follows:

On March 10, 1966, W. S. Newell, Inc. had a subcontract with Newell Roadbuilders, 'Inc., a general contractor, under the…