Webb v. Freng

The first question presented is whether the complaint states a cause of action against the sureties on the bond. It is argued by counsel for appellants that it appears from the contract and the bond that the sureties were liable to the county only; that the bond was given to protect the county in case of the failure of Lee to perform his.contract, and that it is only in this connection that the word “sureties” is used in the contract; that in case of default the bond provided that payment should be made to the county; that this view is supported by the language in the contract that if he…