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VARNER CONST. CO. v. MID-SOUTH SPECIALTIES

547 S.W.2d 569 (1977)

VARNER CONSTRUCTION CO., INC., Appellant, v. MID-SOUTH SPECIALTIES, INC., Appellee.

Supreme Court of Tennessee.

March 7, 1977.

Attorney(s) appearing for the Case

Ralph D. Golden, Ben G. Sissman, Memphis, for appellant.

Larry B. Creson, Jr., Memphis, for appellee.

OPINION

BROCK, Justice.

This is an action to recover upon a contractor's bond conditioned to pay for labor and materials furnished in the performance of a contract to construct a fire station for the City of Memphis. We must determine which statute of limitations is applicable and whether or not the suit is barred.

Defendant, Varner Construction Company, was the general contractor and executed the bond in question as required by T.C.A. § 12...

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