Dennis v. Enke

■CAMFBELE, J.

On May 20, 1924, the state highway commission entered into a contract with one Enke, doing business under the name of Enke Construction Company, whereby, for a consideration approximating $62,973.04 computed at unit prices, Enke agreed to do certain road construction work on state trunk highway No. 15, also known and designated as federal aid project 164. At the time of the execution of this contract, Federal Surety Company, a corporation, as surety, executed and delivered a bond in the penal sum. of $62,973.04, the condition of which bond was as follows (italics ours) :

“Now…