Crane Co. v. Wichita Union Terminal Railway Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to enforce a bond to pay materialmen, required of a railway contractor. The plaintiff recovered. The court granted a new trial and the plaintiff appeals.

*337The Dieter & Wenzel Construction Company entered into a contract to construct a union station for the Wichita Union Terminal Railway Company. The railway company took from the contractor a bond in accordance with the provisions of section 7006 of the General Statutes of 1909, which reads as follows:

“That whenever any railroad company shall contract with any person for the…