John E. Ballenger Const. Co. v. Joe F. Walters Const. Co.

FOSTER, Justice.

This is a certiorari to review the opinion of the Court of Appeals rendered on appeal from the circuit court in an action on a statutory road construction bond controlled by the Act approved August 23, 1927, — Acts 1927, page 348, — obligated to pay for all labor, material, feed-stuffs and supplies furnished in the performance of the work.

The Act requires that a suit on such bond shall be commenced, if at all, within sixty days after the complete performance of said contract and final settlement thereof. Gen.Acts 1927, p. 356, § 28. The time in which suit must be brought is…