Topeka Steam Boiler Works Co. v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Harvey, J.:

Ten corporations, firms and individuals, alleging they had furnished materials — and one that he had furnished labor used in the work — to a subcontractor, and that they had not been paid therefor, sued the surety on the subcontractor’s bond for the sums they respectively claimed to be due. The eleven actions were consolidated in the trial court. The consolidated action was submitted to the court upon the pleadings and statements of counsel. Judgment was for plaintiffs. Defendant has appealed. Aside from two minor questions, which will be…