Fidelity Casualty Co. of N.Y. v. Waugh

Opinion op the Court by

Commissioner Hobson

Affirming.

On December 7, 1923, Harry M. Waugh was-awarded a contract by the Pike fiscal court for the construction of a section of road in Pike county, pursuant, to a bid theretofore submitted by Waugh to construct the road at so much a yard. The county engineer estimated the cost of construction to be $51,533. The fiscal court made an order fixing the amount of the bond which Waugh should execute at $10,400. A. E. Venters was agent at Pikeville of the Fidelity & Casualty Company of New York. Some communication had been had between Venters and Waugh…