National Surety Co. v. Arizona Grocery Co.

The state engineer entered into a contract with one A. A. Ray, whereby the latter undertook to perform certain work on the PhoenixWickenburg highway. As a condition precedent thereto, Ray was required to, and did execute a bond to tbe state of Arizona, upon which tbe National Surety Company, hereinafter called appellant, was surety. Ray completed his contract in accordance with its terms, and drew from the state engineer all the monies to which he was entitled excepting the sum of $1,679.84. There were many persons, however, who alleged that Ray had failed to pay for labor and material used…