United States Fidelity & Guaranty Co. v. Sanitary Dist. of Rockford ex rel. Rockford Lumber & Fuel Co.

EVANS, Circuit Judge.

This action was brought in the Illinois state court and transferred to the United *828States District Court because of diversity of citizenship. .

Appellee sought a judgment against appellant on a surety bond which it executed in favor of the Sanitary District of Rockford. The Rockford Lumber & Fuel Co. was the materialman that furnished the material under a subcontract. The court directed a verdict for appellee for the balance due it and allowed interest thereon. The errors ehiefly relied on are the outgrowth of rulings on pleadings.

The Sanitary District of Rockford entered…