DOM. CUL. & METAL CORP. v. U.S. FID. & GUAR. CO.

17797

238 S.C. 452 (1961)

120 S.E.2d 518

DOMINION CULVERT & METAL CORP., Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Respondent.

Supreme Court of South Carolina.

June 12, 1961.


Attorney(s) appearing for the Case

John A. Marion, Esq., of York, for Appellant.

Messrs. Finley & Roberts, of York, for Respondent.


June 12, 1961.

LEWIS, Justice.

This is an action by the appellant against the respondent, as surety on a contractor's bond executed in connection with the construction of a public improvement, to recover for materials furnished to a subcontractor. The appeal is from an order of nonsuit entered by the trial court at the conclusion of appellant's testimony.

C.P. Neal Construction Company, hereafter called Neal, entered into a contract with School District...

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