Spillyards v. Ferris Brick Company

McDONALD, Chief Justice.

This is an appeal from a summary judgment for plaintiff in a suit for recovery under the terms of a Labor and Material Payment Bond.

Plaintiff Brick Company instituted this suit: against defendant Spillyards (contractor for construction of Green Funeral Home) upon a sworn account for $934.32 due for brick delivered; and against de fendant Employers as surety upon a labor and material bond issued for the benefit of claimants, and conditioned that Spillyards promptly pay for all labor and material used in construction of Green Funeral Home. Plaintiff alleged that it was a…