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AIRTHERM MANUFACTURING COMPANY v. CONTINENTAL CASUALTY COMPANY

43797.

118 Ga. App. 159 (1968)

162 S.E.2d 752

AIRTHERM MANUFACTURING COMPANY v. CONTINENTAL CASUALTY COMPANY et al.

Court of Appeals of Georgia.

Decided July 9, 1968.

Attorney(s) appearing for the Case

Wilkinson, Nance & Head, Virginia A. Bonner, A. Mims Wilkinson, Jr., for appellant.

Powell, Goldstein, Frazer & Murphy, James A. Avary, B. D. Murphy, for appellees.

EBERHARDT, Judge.

1. Assuming, but not deciding, that liability to a materialman dealing with a subcontractor does not arise under the payment bond of a public works prime contractor where the materials are purchased and delivered for use in the prosecution of a public work but are not actually used in the construction thereof (but see cases cited in Ingalls Iron Works Co. v. Standard Acc. Ins. Co., 107 Ga.App. 454 (

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