STATE v. WOOD


173 A.2d 327 (1961)

STATE of Delaware for the Use of the BUILDING COMMISSION for the WILLIAM M. HENRY COMPREHENSIVE HIGH SCHOOL for the Use of M. A. HARTNETT, INC., a corporation of the State of Delaware, Plaintiff v. James H. WOOD and Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, Defendants. STATE of Delaware for the Use of the BOARD OF TRUSTEES OF DELAWARE STATE COLLEGE for the Use of M. A. HARTNETT, INC., a corporation of the State of Delaware, Plaintiff, v. James H. WOOD and Fidelity and Deposit Company of Maryland, a corporation of the State of Maryland, Defendants. STATE of Delaware for the Use of SMYRNA SPECIAL SCHOOL DISTRICT BUILDING COMMISSION for the Use of M. A. HARTNETT, INC., a corporation of the State of Delaware, Plaintiff, v. James H. WOOD and Fidelity and Deposit Company of Maryland, Defendants. STATE of Delaware for the Use of DOVER SPECIAL SCHOOL DISTRICT BUILDING COMMISSION for the Use of M. A. HARTNETT, INC., a corporation of the State of Delaware, Plaintiff, v. James H. WOOD and Fidelity and Deposit Company of Maryland, Defendants.

Superior Court of Delaware, Kent.

July 21, 1961.


Attorney(s) appearing for the Case

Henry R. Horsey (of Berl, Potter & Anderson), Wilmington, for M. A. Hartnett, Inc., the use plaintiff.

Albert W. James (of Morris, James, Hitchens & Williams), Wilmington, for defendant Fidelity & Deposit Co. of Maryland.


LYNCH, Judge.

The use plaintiff, M. A. Hartnett, Inc. (hereafter referred to as Hartnett), has filed these four suits seeking to recover payment for supplies and materials it allegedly furnished to defendant, James H. Wood (hereafter referred to as Wood), the general contractor on four public projects. Because public projects are involved, Wood was required by 29 Del.C., Ch. 69, § 6902 to furnish a bond, with corporate...

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