City Electric v. Industrial Indemnity Co.

HALL, Chief Justice:

This is an action under the former public contractors’ bond statutes 1 in which plaintiff City Electric, a material supplier, seeks recovery against a general contractor and its surety2 for the bálance owing on materials and supplies alleged to have been furnished to a subcontractor.

On or about the 22nd day of August, 1979, defendant Valley Builders, Inc. (hereinafter “Valley”), a general contractor, entered into a contract with the North San-pete School District to construct a new elementary school building in Pairview, Utah. On that occasion, a performance bond was…