Fred S. Conrad Construction Co. v. Exchange Bank of St. Augustine

STURGIS, Judge.

Fred S. Conrad Construction Company, defendant below, appeals from a summary final judgment in favor of the plaintiff, The Exchange Bank of St. Augustine (appel-lee).

The appellee bank brought an action at law against appellant and others to recover an alleged indebtedness arising under the following circumstances:

The appellant, a contractor, agreed tó construct for Wise Potato Chip Company a manufacturing plant in St. Augustine, Florida, and later subcontracted to Clement A. Solana certain masonry work on the plant. The subcontract provided in pertinent part:

“The Sub-Contractor…