Wiss v. Royal Indemnity Co.

This is an action brought by plaintiff below against the defendant, Royal Indemnity Company, as surety on a contractor’s bond for hay, oats and salt sold and delivered to a subcontractor as feed for his horses and mules used in the work of grading and hauling materials in the construction of a road. A judgment resulted for plaintiff and the defendant appeals.

The sole assignment of error is that since it is conceded that the account sued on was solely for hay, oats and salt that was sold and delivered to subcontractors which was used by them in feeding the horses and mules used by them on the…