H. Earl Clack Co. v. Staunton

MR. JUSTICE ANUS TM AN

delivered the opinion of the court.

This action was tried to the court without a jury. The court found for defendants and the plaintiff appealed from the judgment. The facts are these:

Defendant Staunton entered into a written contract with the state, acting through the highway commission, to construct a certain designated highway in Toole county. The contract, so far as material on the point we are now to consider, contained these provisions:

“The contractor further covenants and agrees that he will well and truly pay all laborers, mechanics, subcontractors and material…