Commercial Casualty Ins. v. Tetz

WILBUR, Circuit Judge.

This is an action by a surety company, appellant, to recover from its principal, appellee, the amount paid by it on account of a surety bond executed by it on behalf of the copartnership of Godfredson & Tetz, composed of C. Godfredson and R. Tetz, for the faithful performance of a contract for the construction of waterworks and for the payment of labor and other claims resulting therefrom for the town of La Conner, in the state of Washington.

In a suit prosecuted by appellant to determine its liability under the bond to various claimants, judgment was procured July 14,…