Mitchell v. Williams

This suit was brought by the appellant lumber company against A. R. Williams, contractor, and Ozette Wright, surety on the contractor’s bond, for a bill of material used by him in .the construction of a school building for a rural special school district in Crawford -County. The account of the lumber company was practically unquestioned, the main issue being upon the counterclaim of the defendant Williams for damages growing out of alleged delays in furnishing the material sued for.

The jury found for the plaintiff in the sum of $249.19, and found also that the surety was not liable for that…