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STATE v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

194 A.2d 858 (1963)

The STATE of Delaware for the Use of the BOARD OF TRUSTEES OF the DELAWARE STATE COLLEGE for the Use of SAVERY AND COOKE, INC., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, Defendant Below, Appellee. The STATE of Delaware for the Use of the BOARD OF TRUSTEES OF the DELAWARE STATE COLLEGE for the Use of C. C. OLIPHANT & SON, a corporation of the State of Delaware, Plaintiff Below, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, Defendant Below, Appellee.

Supreme Court of Delaware.

October 23, 1963.

Attorney(s) appearing for the Case

Joseph A. Julian, Jr., Wilmington, for appellant State for use of Bd. of Trustees of Del. State College for use of Savery & Cooke, Inc.

Robert W. Tunnell and John E. Messick, of Tunnell & Raysor, Georgetown, for appellant State for use of Bd. of Trustees of Del. State College for use of C. C. Oliphant & Son.

Albert W. James and Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for appellee Fidelity & Deposit Co. of Md.

TERRY, C. J., and WOLCOTT and CAREY, JJ.

TERRY, Chief Justice.

On or about April 18, 1958, James H. Wood, a general contractor, entered into a contract with the Board of Trustees of Delaware State College at Dover, Delaware, for certain construction work. Contemporaneous with this contract, Wood, as principal, and Fidelity and Deposit Company of Maryland, as surety, executed a labor and material payment bond in favor of the State College. In addition to containing...

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