Trinity Universal Ins. Co. v. Farmers State, Etc.

Opinion op the Court by

Morris, Commissioner

Reversing.

Suit below was by appellee against appellant on account of a note executed by ,a contractor to the bank for $2,000. Judgment went for plaintiff and this appeal follows. There is no disagreement as to the facts leading up to the controversy. On February 15, 1939, the fiscal court of Bracken County contracted with Zaepfel and Russell for the erection of a school building in Brooks-ville. The contractor executed the usual faithful performance bond, guaranteeing the payment of all obligations incurred on account of labor and materials fur…