Linco Construction Co. v. Tri-City Concrete, Inc.

Deen, Presiding Judge.

This appeal consolidates cases in which the appellees Tri-City and Gambill d/b/a Chattanooga Concrete as materialmen respectively sued Lineo, the prime contractor of a housing project owned by Summerville Properties, Ltd. Each plaintiff filed a materialmen’s lien against Summerville as owner, Lineo as prime contractor and Mid-State Concrete, Inc. as subcontractor. This appeal deals only with Tri-City’s case on the assumption that the Gambill case will be controlled by that decision. Lineo made bond with the defendant USF&G Co., the co-defendant, as surety, thus…