Southwestern Sash & Door Co. v. American Employers' Ins.

BICKLEY, Justice.

Appellee (plaintiff) sued Ison & Simmons, contractors, as-principal and the appellant as surety, on a contractor’s bond and contract for the construction of a high school building.

Appellant demurred to the complaint, and, its demurrer being overruled, refused to plead further, whereupon judgment was rendered against it, from which judgment this appeal was taken. The essential admitted facts drawn from the complaint and briefs of counsel are that appellant is a corporate professional paid surety, authorized to do business in New Mexico ; that it became surety for the…