Allen v. City of Sterling

Plaintiffs in error were contractors with the defendant in error, the city of Sterling, for work on the construction of a system of waterworks. The defendant in error, The Fidelity and Deposit Company, was surety on a bond given by the contractors to the city of Sterling to secure the proper performance of the contract. Plaintiff in error Allen had given to the Deposit Company a mortgage upon property in the city of Denver to indemnify the Deposit Company against loss under said bond. The plaintiffs in error were plaintiffs below, and will be so designated herein.

The complaint alleged that…