Tom P. McDermott, Inc. v. Bennett

BERRY, Justice.

The question presented by this appeal is whether a payment bond regularly issued by the defendant bonding company, the terms of which assures the principal’s payment “ * * * to all persons supplying labor and material in the prosecution of the work” performed under the particular construction contract for which issued, was intended to cover suppliers who furnished repairs and accessories for equipment used in construction work.

This question evolves from the factual situation hereafter summarized, as disclosed by the pleadings and the evidence, included in transcripts of…