M. J. O'Fallon Supply Co. v. Tagliaferro

OPINION OF THE COURT.

BOTTS, J.

Action by the obligee against the sureties on a contractor’s construction bond. the defense is that the bond was executed by said sureties, upon condition that a third person named therein should also join as surety. the court, on motion of the ob-ligee, struck out the testimony concerning the conditional execution, and directed a verdict against the sureties on the theory that the obligee bad no actual notice of the conditional nature of the execution. the sureties challenge that ruling of the court on this appeal.

the evidence is uncontradicted that the…