State Ex Rel. Gwynns Falls Quarry Co. v. National Surety Co.

Urne®, J.,

delivered the opinion of the Court.

A firm of sub-contractors, employed for excavation work in the construction of a state highway, used for that purpose a steam shovel which the firm had leased from the appellant, and in this suit by the latter, on the principal contractor’s statutory bond, the question is whether the appellee, as surety on the bond, is liable to the appellant .for the rent which the subcontractors agreed but failed to pay for the use of the steam shovel, and whether the surety is liable also for claims on account of' the deterioration of the machine during the…