Chapman v. Carroll

Fred A. Chapman, plaintiff below, brought suit against O. G. Carroll, Harry Davidson, and C. H. Purdy, to recover the sum of $5,000 damages, under the terms of a bond executed by Carroll, as principal, and Davidson and Purdy, as sureties, as security for the performance of the terms and .conditions of a drilling contract.

Carroll filed a plea in abatement, based upon his bankruptcy, which was sustained. The cause was tried to a jury. The judgment based upon the verdict of the jury was for defendants Davidson and Purdy, from which Chapman appeals.

There is just one question in this controversy,…