United States Fidelity And Guaranty Co. v. Hirsch

Plaintiff was a materialman. He sold lumber, hardware and other building materials to a licensed contractor who was the principal on the bond. The bond was in effect during the entire time covered by the suit. The materials furnished the contractor were used in remodeling jobs, additions, construction of carports, repair of fire damage, and the like. The contractor was the prime contractor on these jobs and plaintiff kept track of which of the materials were used on each job. Plaintiff was to be paid when the work contracted for had been completed. Plaintiff was not paid and brought suit directly against the insurance company and the contractor.