Stryker v. Tolliver & Kinney Mercantile Co.

The defendant in error was plaintiff below and had judgment against the plaintiffs in error for breach of a bond in which Stryker was principal and the surety company was surety, given under C. L. 9514, to secure the payment by Stryker of bills for labor and material to be incurred by him in the performance of a contract between him and the city of Fort Collins. The defendants bring error and move for supersedeas.

The judgment was right. The statute is as follows: “That hereafter any person * * * entering into a contract with any city * * * shall be required * * * to execute * * * a penal bond…