"Pay-if-paid" clause in construction contract was not an affirmative defense that must be pled; dismissal of contractor should have resulted in dismissal of surety as well
Travelers Casualty & Surety Company of America v. Sweet's Contracting, Inc. -
2014 Ark. 484
Arkansas Supreme Court. November 20, 2014.
Circuit Court of Independence County,
Hon. Timothy Weaver.
AFFIRMED IN PART, REVERSED IN PART ON DIRECT APPEAL; AFFIRMED IN PART, REVERSED IN PART ON CROSS-APPEAL.