Million v. Metropolitan Casualty Insurance

Dissenting Opinion.

Nichols, J.

— Dissents. I do not agree with the majority opinion in this case and therefore I must dissent. It is not accurate to say that the contract was let and the bond given under §8285 Burns 1926, but rather as such section was supplemented by §§6121 and 6122, Burns Í926, which sections were not in conflict with appellant’s rights as defined in §8285, but supplemental thereto. Section 6122, supra, expressly provided for the bond in suit and which is under consideration, and its terms and conditions, and hence it is a statutory bond made and executed pursuant to the…