Newell Contracting Co. v. Elkins

■Smith, J.

Appellee was the plaintiff below, and sued in equity to recover on the following writing:

“Birmingham, Ala., May 23, 1921.

“M. W. Elkins & Co., Little Rock, Ark.

“jRe Tyronza-St. Francis Road District, Cross County, Ark.

“Gentlemen: I am today in receipt of bonds Nos. 76, 77, 78, 79, 80, 81, 87 and 88 issued by the above district. I agree to return these to you within sixty (60) days from this date, as you have merely loaned me the bonds to assist me in taking care of my payroll on the above work, and it is thoroughly understood that I am to return to you the above bonds within 60 days…