State Ex Rel. Swalko v. Elliott

This cause is maintained under the provisions of Section 2991, Oregon Laws, requiring every contractor on public works to execute a penal bond with the additional obligation that such contractor shall promptly pay all persons supplying him with labor or material for the prosecution of the work provided for in the contract.

On February 6, 1923, the State of Oregon, through the State Highway Commission, entered into a written contract with the copartnership of Elliott, Scoggin & Paquet, hereinafter designated as the “Contractor,” for the construction of a grade on a section of The…