W. S. Dickey Clay Manufacturing Co. v. Snyder

The opinion of the court was delivered by

Smith, J.:

This was an action by a materialman on a public contractor’s bond. Judgment was for plaintiff. Defendant appeals.

The contractor entered into a contract December 13,1930, to build certain sewers. This job was No. 59. The date of the contract was October 13, 1930. He gave the bond under R. S. 60-1413, and entered into a contract with plaintiff for certain materials. The materials were shipped, and Snyder agreed to pay $2,100.22 for *147them. He paid $1,000 but did not pay the balance. This suit was started June 25, 1931, against the surety company…