The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1916-02-25
ANOTHER SUIT IS
FILED AGAINST THE
PAYERS OF STREETS
SOUTHERN ASPHALT COMPANY
ALLEGED TO OWE FURNISH.
ERs $4,000.
, URETY COMPANY ALSO PARTY
In Event Bond For Protection OF Fur
nishers of Material is Not Good
Then Judgment is Sought Against
City Officials.

Alleging that the Southern Asphalt
& Construction company, who had the
contract for paving the streets of Co
lumbia, is indebted to it in the sum
of $3,9O4, and that it has failed and
refused to pay the same, the Barber
Asphalt company, of West Virginia,
has filed bill in the Chancery Court
here against the Southern Asphalt &
Construction company, the Clifty Con-
sloidated Coal company, the Southern
Surety company, of st. Louis, Mo-;
J. NJ. Dedman, c. ]. Akin, John N.
Pigg, Frank D. Chaffin, E. E. Erwin,
officials of the City of Columbia.
In the bill, it is alleged that the
complainant furnished to the defen-
dant asphalt and materials for paving
the streets here to the amount of
$4,000, that no part of the bill has
been paid and that while probably all
of the material was not used, yet 1t
is insisted that it was purchased and
delivered here and it should have
Judgment for the entire sum.
The defendant, the Southern Surety
company, is the surety on the bonds
of the defendant asphalt company for
its compliance with it's contract and
the payment for all bills for labor and
material and it is insisted that it is
liable for the whole sum of $4,000.
However In the event that the surety
company is not liable and judgment
cannot be rendered against it, then it
is insisted that under the labor and
material act Of 1899, the defendants,
Mayor Dedman, and the aldermen
named and the city recorder, are
liable, that under said act failure to |
take bond for the protection of la
borers and material men, makes liable
the officials in charge of the work. |
In the event that proper bond has
not been taken to protect the com.
plainant then it Is prayed that judg-
ment may be entered against Ded. |
man, Pigg, Chaffin, Akin and Erwin,
individually, since under the terms Of
said act they would be guilty of a
misdemeanor in office.
It Is alleged that the bond for 1000
taken to protect the city and material
men and laborers for the work on the
public square was not dated until
Dec. 4, But that as matter of fact,
it is alleged that the contract for such
work was made long prior thereto and
that much of the work had been done
before the bond was ever taken. Now
If by reason of the failure of the off,
Gals to take the bond required at the
SAhh" tAS NAti oSt Woo dCJual1y MhuS
the Surety company as bondsmen
should not be liable for materials fur.
nished for the square, then it is in
sisted that by reason of their neglect
in the matter the officials of the city
named would be liable.
The defendant, Clifty Coal company
is made party to the suit because 1t
recently attached some $1,000 Of the
Of complainant in Columbia,
bought by the asphalt company. but
not used. 1t Is insisted that in the
event judgment were not given for
the materials unused then the claim
Of complainant would be superior to
that of the coal company.
The bill is filed by Hughes and
Hughes. Of Columbia, and Keebie ,and1
Seay, Of Nashville Upon the fat OF
Circuit Judge Rutherford, of Nash.
Vile, the Injunction was granted.