De Luxe Glass Co. v. Martin

McDonough, justice.

Plaintiff as material supplier sued defendant Martin as general contractor, defendant Capson-Bowman, Inc., as owner of the land, and defendant General Casualty Company of America, as surety in the contractor’s performance bond, to recover the unpaid balance owing for certain materials purchased by defendant contractor in the construction of a store. The interveners were other materialmen who sought the same relief as plaintiff. From a judgment against the general contractor and against the surety, the latter only appeals.

The principal question raised by the appeal is the…