Montgomery County v. Ambler-Davis Co.

Opinion by

Mr. Justice Schaffer,

The County of Montgomery brought this action against Ambler-Davis Company as a principal obligor, and the Metropolitan Casualty Insurance Company as surety, on a bond executed by them to it in connection with the construction of a public highway by the company first named. The defendants filed affidavits of defense in the nature of demurrers and upon the questions of law thus raised the court below entered judgments in their favor; the county has appealed.

The bond was given in the sum of $190,992. It recites the contract between the county and the principal…