People ex rel. Kuenzel v. National Construction Co.

This suit is brought upon the statute bond referred to in the opinion of this court in the case of Frederick W. Kuennan against these defendants. Ante, 122 (123 N. W. 799). That opinion is decisive of the defenses interposed by the defendants in the court below in this case, excepting only of the question whether plaintiffs were materialmen or were subcontractors. Being of opinion that they were subcontractors, the learned trial judge directed a verdict for defendants. The material facts are not disputed and may be stated in few words. The National Construction Company undertook to construct…