TRAVELERS INDEM. CO. v. MUNRO OIL & PAINT CO.

No. 50745.

364 So.2d 667 (1978)

The TRAVELERS INDEMNITY COMPANY v. MUNRO OIL & PAINT COMPANY.

Supreme Court of Mississippi.

November 22, 1978.


Attorney(s) appearing for the Case

Daniel, Coker, Horton, Bell & Dukes, Pete H. Carrubba, Gulfport, for appellant.

Rushing & Guice, William Lee Guice, III, Biloxi, for appellee.

Before SMITH, WALKER and BROOM, JJ.


BROOM, Justice, for the Court:

Performance and payment bond of a surety (Travelers Indemnity Company: appellant), executed on its co-defendant, Howard L. Byrd, Contractor, Building Services, Inc. (Byrd herein), is the subject matter of this appeal. Munro Oil & Paint Company (plaintiff) sued the contractor alleging that Byrd owed plaintiff for merchandise (petroleum products) furnished the contractor which Byrd used on the Hancock County Port and Harbor Authority...

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