Barney v. Ferguson

The opinion of the court was delivered by

Porter, J.:

In June, 1907, the board of education of' Kansas City, Kan., entered into a contract with L. G. Ferguson for the erection of a school building at an agreed price. The United Surety Company became surety for Ferguson for the payment of claims for labor and material furnished. Carruth and McVey were stonemasons, and as partners took a subcontract for furnishing labor and material for the foundation of the building. They purchased their material from Barney & Roden. Ferguson defaulted in his payments, and, on October 2, 1907, Carruth and McVey…