Greene County v. Southern Surety Co.

Opinion by

Mr. Justice Kephart,

This action was originally brought by the Crescent-Portland Cement Co. in its own name against defendant surety company on a bond given to the County of Greene. Later, plaintiff, following a suggestion of the court below, amended the statement of claim so that the action was brought in the name of Greene County to the use of the real plaintiff. The claim arose out of a contract made by the county with Samuel Gamble Company for the improvement of State Highway Route No. 109. The contractor failed to pay the use-plaintiff, a materialman, and this action was brought…