Ricker v. Herr

The plaintiff brings action in his own name against the defendants on a bond given by defendant Herr, Jr., to the State of North Dakota with the National Surety Company, a corporation as surety to secure the performance by said defendant, Herr, Jr. of a contract which he made with the North Dakota highway commission for the construction of a state highway. The bond is similar in form, and executed pursuant to the same statute as the bond in the case of Piper. Howe Lumber Co. v. Padgett, ante, 811, 215 N. W. 468, decided this term. Plaintiff alleges and it is not denied, that he performed…