L. J. Smith Construction Co. v. Mullins

On November 27, 1914, plaintiff, by a written lease, rented to defendant, W. C. Mullins, certain grading machinery consisting of a steam shovel, dinkey engines and dump cars. The property was to be used by said defendant in grading work located near the union station in Kansas City, Missouri. It was expressly provided in the contract that the machinery was leased in the present condition thereof. A bond was executed for the faithful performance of the contract on the part of defendant, Mullins, and signed by said defendant as principal and the defendant, Southern Surety Company, as surety.…