Ward v. Federal Insurance Co.

All that the pleadings disclose concerning the bond in question is contained in the allegation in the complaint, admitted by the answer, that it was given “for the faithful performance of said contract (i. e. the contract between State Highway Department and Sloan Construction Company), including the payment of all lawful claims by reason of injuries received in and about said construction.” I think that the motion to strike should have been refused because the pleadings do not sufficiently disclose the terms and conditions of the bond to enable the court to determine the issue here…