Cooke v. Luscombe

The opinion of the court was delivered by

Smith, J.:

This is a case wherein a materialman brought suit against the principal and surety on a bond, together with certain other interested parties, for materials furnished a contractor for *148use in building a church. The surety company and the contractor demurred to the petition of plaintiff, which demurrer was overruled. The appeal is from the order overruling that demurrer.

The facts briefly stated are as follows: The suit is brought by the plaintiffs, partners, against Ed W. Luscombe, the Church of the Blessed Sacrament, John T. Ward, the…