United Bonding Insurance Co. v. Sperry & Hutchinson Co.

STEINFELD, Judge.

Appellant, United Bonding Insurance Company (hereinafter United), appeals from a summary judgment. It was held liable on its “Performance-Payment Contractor’s Bond” executed in favor of Sperry & Hutchinson Company, the appellee (hereinafter S & H), to secure payment and performance of a contract S & H had entered into with Barrett & Company, Inc. (hereinafter Barrett) for the construction of a building. The crucial factual happenings, in chronological order, were as follows:

March 18, 1967 — The work on the building was completed.

March 24, 1967 — S & H received notice from a…