PORTER v. EYER

No. 5999.

80 Ariz. 169 (1956)

294 P.2d 661

William S. PORTER and Standard Accident Insurance Company, Inc., a corporation, Appellants, v. V.S. EYER and Alice Eyer, husband and wife, d/b/a Coolidge Sand and Rock Company, Appellees.

Supreme Court of Arizona.

Rehearing Denied March 20, 1956.


Attorney(s) appearing for the Case

Eugene K. Mangum, Casa Grande, for appellants.

Chas. W. Stokes, Coolidge, for appellees.


UDALL, Justice.

The question is here presented whether a suit may be maintained by one who furnishes materials to a sub-contractor, against the prime contractor and his surety where there was no direct contractual relationship between said parties and neither the original contract with the owner nor the performance bond itself expressly provide for the maintenance of such a suit.

The undisputed facts are these: on January 27, 1953, defendant-appellant William...

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