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HUNTSVILLE GOLF DEV. v. AETNA CAS. & SUR.

1921564.

632 So.2d 459 (1994)

HUNTSVILLE GOLF DEVELOPMENT, INC., a corporation v. AETNA CASUALTY AND SURETY COMPANY, a corporation.

Supreme Court of Alabama.

January 28, 1994.

Attorney(s) appearing for the Case

Edward P. Meyerson, Jesse P. Evans III and Laurie K. Boston of Najjar Denaburg, P.C., Birmingham, for appellant.

John F. De Buys, Jr. and Mark M. Lawson of Burr & Forman, Birmingham, for appellee.

HOUSTON, Justice.

Huntsville Golf Development, Inc. ("Huntsville Golf"), the defendant and counterclaimant, appeals from an order holding (1) that Aetna Casualty and Surety Company ("Aetna"), as surety on a contractor's performance bond issued to Brindley Construction Company, Inc. ("Brindley"), is not liable for the amount of an arbitration award entered against Brindley; and (2) that Aetna is not liable to Huntsville Golf under the terms of the performance bond...

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