Fidelity & Casualty Co. v. State Building Commission

The effect of the controlling opinion affirming the decree of the chancery court is, in my opinion, to extend considerably the liabilities of sureties on a supersedeas appeal bond beyond the terms of the statute and the legislative intent.

In brief, the issue arose in this way: Horne made a construction contract with the State Building Commission. It provided for arbitration in case of disagreement. That occurred, and a three-man board of arbitration was selected. After hearings, it made an award that there was sufficient cause for the architect to have issued his certificate that Horne had…