MID-ST. PAV. CO. v. BLUE LIGHTNING CO.

No. 41299.

237 Miss. 862 (1960)

116 So.2d 753

WEBB, d.b.a. MID-STATE PAVING CO., et al. v. BLUE LIGHTNING CO., et al.

Supreme Court of Mississippi.

January 4, 1960.


Attorney(s) appearing for the Case

Vardaman S. Dunn, Jackson, for appellants, T. Heck Webb d.b.a. Mid-State Paving Company and Western Casualty & Surety Company.

McFarland & McFarland, Bay Springs; Crisler, Crisler & Bowling, Jackson, for appellant, D.O. King.

Beard, Pack & Ratcliff, Laurel, for appellees.


ROBERDS, P.J.

This suit primarily involves the extent of the liability, if any, of a contractor and his surety for materials furnished by a second materialman to a first materialman. The question arises out of the following circumstances:

On May 28, 1956, the Highway Commission of the State of Mississippi entered into a written contract with Heck Webb, doing business under the name of Mid-State Paving Company, under...

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