State Ex Rel. Winkle Terra Cotta Co. v. United States Fidelity & Guaranty Co.

The statement made by appellant's counsel reads:

"This is a suit against the surety on a general contractor's bond for an unpaid balance for terra cotta used in one of the buildings at the Kansas University. At the conclusion of the case the court gave a peremptory instruction for defendant, and the relator (suit having been brought in the name of the State of Kansas as obligee in the bond to the use of the Winkle Terra Cotta Company, which had furnished the terra cotta) took a nonsuit with leave to move to set same aside. The motion to that end being overruled, this appeal is prosecuted.

"The…