Glens Falls Insurance v. Board of Public Instruction ex rel. Silver Springs Plumbing & Heating Supply, Inc.

CARROLL, DONALD K„ Judge.

Two of the defendants in an action on a contract performance bond have appealed from a final summary judgment entered for the plaintiffs by the Circuit Court for Marion County.

The question presented for our determination in this appeal, as phrased by the appellants in their brief, is whether that court erred in entering a summary judgment against the principal and surety on the said bond for the value of materials whose delivery and use in the contract job were denied by the pleadings and unproved in the affidavit and depositions before the court.

The plaintiffs allege…