Mayben v. Travelers Indemnity Company

MERRILL, Justice.

Appellee Kelly was a general contractor who was building a dormitory at Tuslcegee Institute. Appellee, The Travelers Indemnity Company, was the surety on his bond. It became necessary to replace one of the subcontractors on the job, and Kelly made an oral contract with appellant, whereby appellant was to complete the work originally started by the original subcontractor. When the work was completed, appellant sued for $2,154.25, which he alleged was due and unpaid under the oral contract.

Appellee Kelly denied that any amount was owing appellant, and also filed pleas of set…