Southern Surety Co. v. Hudson

The opinion of the court was delivered by

Mason, J.:

The board of education of the city of Arkansas City entered into a contract with E. L. Hudson for the building of a schoolhouse, which required the contractor to give two bonds, one for its faithful performance, and the other for indemnity against mechanics’ liens, “as required by the laws of the state of Kansas.” Several lien statements were filed. The surety company procured assignments of the rights of the claimants, and brought an action to foreclose- the liens, based upon a contention that the conduct of the board had released it *776from…