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ROYAL INDEMNITY CO. v. ALEXANDER INDUSTRIES, INC.

211 A.2d 919 (1965)

ROYAL INDEMNITY COMPANY, a corporation of the State of New York, Defendant Below, Appellant, v. ALEXANDER INDUSTRIES, INC., for the use of Berger Acoustical Company, Inc., a corporation of the State of Pennsylvania, Plaintiff Below, Appellee.

Supreme Court of Delaware.

July 8, 1965.

Attorney(s) appearing for the Case

William F. Lynch, II, and Eduard F. vonWettberg, III, of Morris, James, Hitchens & Williams, Wilmington, for appellant.

John Biggs, III, of Bader & Biggs, Wilmington, for appellee.

Victor F. Battaglia, of Theisen & Lank, Wilmington, amicus curiae.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

CAREY, Justice.

The defendant below has appealed from a summary judgment entered against it in the Superior Court. The question presented is whether, under the language of a building contractor's bond, a sub-contractor may recover from the surety.

Berger Acoustical Co., Inc. (Berger), as a sub-contractor, supplied certain labor and materials for the erection of buildings at Delaware City and Greenwood owned by Alexander...

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