United States Fidelity and Guaranty Co. v. Belew

1 This is an action on a bond given by the contractor in the construction of a public school building. Plaintiff is the assignee of a partnership of which he is a member which furnished material to R.T. Moore, a subcontractor of the contractor. The action is for a balance due of $2,128.90 for material furnished the subcontractor. The defendant United States Fidelity and Guaranty Company, surety on the bond given to the school board to secure payment to laborers and materialmen, defends solely on the ground that the evidence is insufficient to establish that the material furnished to the subcontractor was used in the building. R.T. or Dick Moore was a subcontractor furnishing and installing, the electrical material under a contract made by Clark Taylor with the school board. Moore is not a party to this action.