American Surety Co. v. Lind

The plaintiff surety company seeks recovery of a balance claimed to be due it for premium upon a surety bond executed by it as surety for the defendant, Lind, to secure performance of a road construction contract entered into by him with the United States. A trial in the superior court for Whatcom county, sitting with a jury, resulted in a verdict and a judgment rendered thereon denying any recovery to the surety company,.from which it has appealed to this court.

At the conclusion of the introduction of the evidence, counsel for the surety company timely moved the court to instruct the jury to…