Employers Casualty Co. v. County of Rockwall

Rockwall county entered into a construction contract with Kirk Patterson, a co-partnership, for the building of a stretch of concrete road for the performance of which contract Kirk Patterson executed a bond in the sum of $35,000 with the Employers Casualty Company as surety. The contractors defaulted in the performance of their contract and the work was taken over by the surety company. At the time of the execution of the bond, and upon the taking over of the work by the surety company as well, the contractors made an assignment to the surety company of all of the deferred payments and…