State ex rel. Price v. Hinsdale-Doyle Granite Co.

Berkshire, J. —

This is a suit upon a bond executed pursuant to section 4246, R. S. 1881.

The only error assigned is error of the court in overruling the motion for a new trial.

There are three reasons stated in the motion :

I. The decision of the court is contrary to law.

2. The decision of the court is not supported by sufficient evidence.

3. The decision of the court is contrary to the evidence.

The facts, as we find them in the record, are about these: On the 14th day of July, 1880, the appellees executed the bond sued upon to secure the performance of a contract thereafter on the 17th day of…