Detroit Fidelity & Surety Co. v. Mason Construction Co.

Opinion op the Court by

Commissioner Tinsley—

Affirming.

The appellant, as plaintiff below, instituted this action against appellees, as defendants, to recover the sum of $568.68, additional or overrun premium alleged to be due on it on a bond executed by it for appellees guaranteeing their performance of a contract for the construction of a state highway in Larue county, Ely.

In the petition it is alleged that, upon written application of defendants, it executed as surety for them to the commonwealth of Kentucky a bond whereby it agreed to indemnify the commonwealth against any loss occasioned…