Commercial Casualty Ins. Co. v. Town of Breckenridge

LEACH, C.

This action was commenced in the district court of Garfield county by the town of Breckenridge, a municipality, as plaintiff, against Commercial Casualty Insurance Company, a ’ corporation, as defendant, wherein plaintiff sought to recover the sum of $1,030.04 upon a surety bond executed by the defendant to plaintiff. The plaintiff also sought to recover other sums alleged to be due under the contract and bond, but such sums were denied by the court, and no appeal was taken from the action and ruling of the court thereon.

It was alleged that the plaintiff employed an engineer, who…