PROCTOR TIRE SERVICE, INC. v. NATIONAL SURETY CORP.

No. 5-4250.

415 S.W.2d 45 (1967)

242 Ark. 695

PROCTOR TIRE SERVICE, INC., Appellant, v. NATIONAL SURETY CORPORATION, Appellee.

Supreme Court of Arkansas.

May 29, 1967.


Attorney(s) appearing for the Case

Spitzberg, Bonner, Mitchell & Hays, and Allan W. Horne, Little Rock, for appellant.

Smith, Williams, Friday & Bowen, by Frank Warden Jr., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

Wright Contracting Company was the principal contractor for the construction of part of Interstate Highway 40 in Lonoke county. Wright executed a statutory contractor's bond, with the appellee as its surety, to guarantee the payment of claims for "material entering into the construction or necessary or incident to or used in the course of construction" of the highway. Ark.Stat.Ann. § 14-604 (Supp.1965).

The appellant, a tire...

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