Kansas City Ex Rel. Missouri Pacific Railway Co. v. Southern Surety Co.

Kansas City, Missouri, through its Board of park Commissioners constructed in one of its parks a large and expensive concrete bridge over a small river running through the park. The contract for the work was let to a construction company. It being therein provided that the company should furnish all material and should provide all labor, machinery, plants, tools and appliances for the construction of the bridge which was estimated to cost $144,943. The company was required to give bond with surety in that amount. The bond contained a provision for the payment “for all material used in the…