Robert Simmons Construction Co. v. Powers Regulator Co.

PALMORE, Judge.

The appellant Simmons was a prime contractor in the construction of Franklin County High School. The appellant National Union is the surety on Simmons’s bond to the Franklin County Fiscal Court guaranteeing payment for all labor and materials furnished on the project. Powers, the appellee, supplied to one of Simmons’s subcontractors labor and materials for which it has an unpaid bill of $18,602. Simmons and National Union appeal from a summary judgment in that amount granted Powers in its suit against them, the defaulting subcontractor, and the latter’s surety.

There are two…