Mills v. Indemnity Insurance Co. of North America

Hatcher, Judge:

The litigation between these parties has been in this Court twice before. The first case is reported in 108 W. Va. 317, and the second in 166 S. E. 531. We take from the latter opinion a statement of the present case. “The plaintiff, having contracted with the county court of Cabell County for the construction of a bridge in that county, sub-let a portion of the work to Metal Products Company, which furnished an indemnity bond to the plaintiff with the defendant as surety. By reason of failure of the sub-contractor, the plaintiff took over the work and completed it, with the…