Parliament Insurance Co. v. L. B. Foster Co.

OPINION

NYE, Chief Justice.

This is a suit brought by two material-men, L. B. Foster Company and Howard Smith Company against Parliament Insurance Company to recover upon a subcontractor’s performance-payment bond which was executed in favor of the original contractor. Plaintiff L. B. Foster and plaintiff Howard Smith Company sought recovery for materials sold and delivered to the subcontractor. Trial was before a jury which answered submitted special issues. The jury found favorably toward plaintiffs with the trial court entering judgment that plaintiff Foster recover the sum of $15,-304.67…