Mayor of Nashville v. Singer & Johnson Fertilizer Co.

This is a suit for damages based on an alleged breach of contract, and seeks to fasten liability upon the Singer & Johnson Fertilizer Company as principal, and upon the other defendant as surety. Each of defendants demurred to the bill. The chancellor sustained the demurrers, and dismissed the bill at complainant’s cost; and it has appealed and assigned errors.

By the contract sued on, the principal became bound co remove dead horses, and other animals therein enumerated, from the streets and alleys of the city of Nashville within a time certain after notice; and, being so bound and after…