Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.

— This is an action on a road contractor’s bond. The cause was tried before the court without the aid of a jury, and judgment went for relator and defendants appealed.

We shall refer to relator, the Licking State Bank, as plaintiff. Defendant Coopers Construction Service Company contracted with the state highway commission to do certain road construction on highway No. 7 in Texas county. The construction company gave bond as required by section 1040, Revised Statutes 1919, with defendant indemnity company as surety. The construction company sublet a certain'portion of the work to one Claud…