Johnson v. Hartford Accident & Indemnity Co.

Defendant appealed from a judgment.

Plaintiff was a subcontractor to do the plain and ornamental plastering in the construction of the Northwestern National Bank building in Minneapolis. This work aggregated about ¡$146,000. Defendant signed plaintiff’s bond as surety for the performance of his contract. He ivas unable to carry on, and defendant took over the work. This was done under a written contract between the parties hereto, wherein it was agreed that plaintiff should cooperate and if any profit resulted it would be paid to plaintiff, but defendant was to be protected from loss and…