National Surety Co. v. W. H. Holliday Co.

Kimball, Chief Justice.

This case was first brought to this court by appeal, and the appeal dismissed. 42 Wyo. 61, 289 Pac. 1094. The defendant in error, as plaintiff below, obtained judgment against the plaintiff in error and F. A. Bundy for a sum alleged to be due for materials furnished in the execution of a contract between defendant Bundy and the State Highway Commission for the construction of a federal aid highway project. The plaintiff in error is the surety on the bond given by Bundy to guarantee the performance of the contract. The sole question is whether the petition is sufficient…