Woodward Lumber Co v. Town Of Grantville

• Citation: 79 S.E. 221,13 Ga. App. 405
• Decision Date: 09 September 1913
• Docket Number: (No. 4,962.)
• Parties: WOODWARD LUMBER CO. v. TOWN OF GRANTVILLE.
• Court: United States Court of Appeals (Georgia)

79 S.E. 221

(13 Ga. App. 405)

WOODWARD LUMBER CO.

v.TOWN OF GRANTVILLE.

(No. 4, 962.)

Court of Appeals of Georgia.

Sept. 9, 1913.

(Syllabus by the Court.)

Error from City Court of Newnan; W. A. Post, Judge.

Action by the Woodward Lumber Company against the Town of Grantville. Judgment for defendant, and plaintiff brings error. Affirmed.

Dodd & Dodd, of Atlanta, and W. L. Stailings, of Newnan, for plaintiff in error.

Hall & Jones, of Newnan, for defendant in error.

POTTLE, J. In section 1 of the act approved August 12, 1910, entitled "An act for the protection of persons furnishing material and labor for the construction of public works, and for other purposes, " it is provided that any person who enters into a contract with the state, or county, or a municipal corporation for the repair, construction, or prosecution of any public building or public work shall be required to execute a bond, conditioned that the contractor "shall promptly make payment to all persons supplying him or them with labor or material, or both, in the execution of the work provided for in such contract." In section 2 it is provided that the person furnishing the material or labor, after the completion of the contract and within a year, shall, upon making affidavit that the labor or material has been supplied and payment therefor has not been made, be furnished with a certified copy of the bond, "and shall within said period have a right of action thereon, " and be authorized to bring suit on the bond in the name of the state, county, or municipal corporation, as the case may be, for the use of the person furnishing the labor or material. Acts 1910, p. 86.

The town of Grantville entered into a contract with John F. Grandy & Son to construct a school building. The contractors executed a bond, conditioned that they should "faithfully perform said contract on theirpart, according to the terms, covenants, and conditions thereof, except as are hereinafter provided." There was no condition in the bond requiring the contractors to pay for any labor or material furnished to them. The Woodward Lumber Company, in the name of the town of Grantville, brought suit on the bond, under the act of 1910, for the value of material which had been furnished to the contractors to be used in the construction of the school building. The case reached the Supreme Court, and it was held that, as the bond was neither literally nor in substance in accord with the provisions of the act of 1910, suit on the contractors' bond could not be maintained under that act in the name of the municipality, for the use of one who had furnished material to the contractors but had not been paid. Town of Grantville v. Fidelity & Deposit Co., 139 Ga. 53, 76 S. E. 575. Thereupon the Woodward Lumber Company brought its action directly against the town of Grantville, predicating its...