Benson v. Barrett

There is no controversy over the facts in this case. On October 20,1923, the defendant Mike Barrett entered into a contract with the state of Minnesota, acting through the commissioner of highways, O. M. Babcock, for the construction of that part of Trunk Highway No. 6 designated as “Project 6-39, Sec. 1-A.” A contract in the form required by the commission was executed and a bond with appellant as surety was furnished. On May 13, 1924, Barrett sublet the work to the plaintiff, who performed all the work and services required under Barrett’s contract with the state. As the work progressed,…