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TRINITY UNIVERSAL INSURANCE COMPANY v. LAMBERT

No. 6359.

176 So.2d 651 (1965)

TRINITY UNIVERSAL INSURANCE COMPANY, Third-Party Plaintiff-Appellant, v. Paul A. LAMBERT et al., Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 1, 1965.

Attorney(s) appearing for the Case

A. G. Seale, of Seale, Hayes, Smith & Baine, Baton Rouge, William F. Kline, Clinton, for appellant.

R. Boatner Howell, Jr., of Howell & Brown, Baton Rouge, A. Leon Picou, Jr., St. Francisville, for appellee.

Before ELLIS, LOTTINGER, LANDRY, REID and BAILES, JJ.

BAILES, Judge.

The principal demand is a suit on open account. American Bitumuls and Asphalt Company sued Lamco, Inc., for materials sold to and used by the defendant in the performance of a certain road contract with the Department of Highways of the State of Louisiana. Trinity Universal Insurance Company was joined as a party defendant on the ground that it was the surety on Lamco, Inc.'s bond guaranteeing faithful performance of the contract.

By third party...

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