TRANSAMERICA INSURANCE COMPANY v. PAINE SUPPLY COMPANY

No. 44245.

194 So.2d 490 (1967)

TRANSAMERICA INSURANCE COMPANY, a Corporation v. PAINE SUPPLY COMPANY, a Corporation.

Supreme Court of Mississippi.

January 30, 1967.


Attorney(s) appearing for the Case

Dorrance Aultman, Hattiesburg, for appellant.

White & White, Gulfport, for appellee.


JONES, Justice.

There is no necessity for detailing the facts in this case because each party concedes that there is only one question involved. A materialman sought to enforce his claim against the appellant, the bondsman on a private construction contract. Suit was filed more than one year after the completion and final settlement, but no publication of notice thereof had been made.

Appellant contends that under Mississippi Code of 1942 section 376, which...

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