Southeastern Construction Co. ex rel. Gill Equipment Co. v. Glens Falls Indemnity Co.

1. The bond sued on is dated October 30, 1947. It guarantees the performance of a subcontract dated October 29, 1947, whereas the subcontract alleged to have been guaran*767teed by the bond was dated October 10, 1947, and refers to the prime contract dated October 29, 1947 and makes the prime contract a part of the subcontract. The allegations of the petition are accepted as true on demurrer. Under the allegations of the petition the inference is demanded that the bond sued on was given to guarantee the performance of the subcontract dated October 10, 1947, whether there was a mistake in dating…