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HOME INDEMNITY CO. v. DANIELS CONSTRUCTION CO.

3 Div. 362.

228 So.2d 824 (1969)

The HOME INDEMNITY COMPANY, a Corp. v. DANIELS CONSTRUCTION COMPANY of Alabama, for the Use and Benefit of W. R. Grace & Co., a Corp.

Supreme Court of Alabama.

December 4, 1969.

Attorney(s) appearing for the Case

Kilborn, Darby & Kilborn, Mobile, for appellant.

Hobbs, Copeland, Franco, Riggs & Screws, Montgomery, for appellee.

SIMPSON, Justice.

Daniels Construction Company was the prime contractor for the construction of Gayfer's Springdale addition in Mobile, Gayfer's being a department store. On July 26, 1965, Daniels entered into a subcontract with R. E. Box, d/b/a R. E. Box Construction Company, under which subcontract Box agreed to perform certain work on the Gayfer's job. The Home Indemnity Company issued a subcontract labor and material payment bond with Daniels as

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