Corey v. Paine

Lees, C.

Paine & Gjellefald entered into a contract with Washington county for the construction of a judicial drainage ditch. They gave the usual public contractor’s bond, with the Federal Surety Company as surety thereon. They failed to pay claims for labor and materials furnished by plaintiff, and by two other persons who assigned their claims to him, and he brought this action against them and their surety. The trial court made findings in plaintiff’s favor and the Surety Company appeals from an order denying its motion for a new trial.

The surety answered to the merits and, as a special…