Fidelity & Deposit Co. of Maryland v. Kelsay Lumber Co.

We have been convinced by the argument presented in the surety company’s motion for rehearing that defendant in error Rotsky was not entitled to recover judgment against it for the amount recovered against him by defendant in error Kelsay Lumber Company.

The jury found that an agreement was made between the Kelsay Lumber Company, the materialman, Rotsky, the owner, and Helm, the contracto!, whereby it was agreed the owner would hold back a sufficient sum of the contract price and pay the same direct to the.lumber company, upon completion of the building, for the material furnished by it. It is…