METAL SERVICE CORP. v. INDUSTRIAL ELEC. CO.

19000

253 S.C. 507 (1970)

171 S.E.2d 703

METAL SERVICE CORPORATION, Respondent, v. INDUSTRIAL ELECTRIC COMPANY and The American Insurance Company, of whom The American Insurance Company is, Appellant.

Supreme Court of South Carolina.

January 6, 1970.


Attorney(s) appearing for the Case

Messrs. McKay, McKay, Black, Sherrill, Walker & Wilkins, of Columbia, for Appellant.

Messrs. J. Wesley Drawdy and Donald E. Rothwell, of Columbia, for Respondent.


January 6, 1970.

LITTLEJOHN, Justice.

This action is brought by the plaintiff, a supplier of materials, against Industrial Electric Company, a subcontractor to which supplies were sold, and against The American Insurance Company which executed a bond to assure payment for materials used in performance of the contract involved. The lower court overruled the demurrer of The American Insurance Company and this appeal...

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