MAYBEN v. TRAVELERS INDEMNITY COMPANY

7 Div. 572.

144 So.2d 52 (1962)

William E. MAYBEN, d/b/a Mayben & Son Company v. TRAVELERS INDEMNITY COMPANY et al.

Supreme Court of Alabama.

August 30, 1962.


Attorney(s) appearing for the Case

Inzer, Martin, Suttle & Inzer, Gadsden, for appellant.

David J. Vann and White, Bradley, Arant, All & Rose, Birmingham, for appellees.


MERRILL, Justice.

Appellee Kelly was a general contractor who was building a dormitory at Tuskegee Institute. Appellee, The Travelers Indemnity Company, was the surety on his bond. It became necessary to replace one of the subcontractors on the job, and Kelly made an oral contract with appellant, whereby appellant was to complete the work originally started by the original subcontractor. When the work was completed, appellant sued for $2,154.25, which he alleged was...

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