Platte Valley Drainage District v. National Surety Co.

On Rehearing.

BLAND, J.

'This suit is npon an oral contract wherein defendant is alleged to have assumed, upon a consideration, to carry out in favor of plaintiff an obligation of a third person. The ease was tried before the court without the aid of a jury, resulting in a judgment in favor of plaintiff in the sum of $3212.78 and defendant has appealed.

The facts show that in May, 1920, plaintiff, having decided to provide funds for meeting the cost of certain drainage work by the issuance of bonds, accepted the offer of the J. R. Sutherlin & Company, a corporation of Kansas City, Missouri, to…