Appalachian Marble Co. v. Boone

Hatcher, Judge :

This is a suit by a furnisher of material to recover on a contractor’s bond for the default of a subcontractor. The plaintiff appealed from a judgment in its favor on the ground that the recovery was not adequate.

Defendants Boone, Eason & Wood (hereinafter called the contractors) constructed the Mercer County courthouse in 1930-1. Defendant Fidelity & Deposit Company was surety on their bond. They sublet the marble, tile and terrazzo work and the slate window stools to R. N. Vanderberry for $15,000, without any bond from him to secure them, and with the following provision in…