Kimmel v. State ex rel. Anderson Banking Co.

Action by the State of Indiana, on relation of the Anderson Banking Company, hereinafter designated as appellee, to recover on a contractor’s bond signed by appellant Kimmel as surety. The facts were found specially and are in substance as follows:

Jacob A. Jenkins, Frank H. Hines and Daniel J. Dalton, as partners, in 1909 entered into contracts with ■the board of commissioners of Madison county for the ooiistruction of -two gravel roads under what is known as the “Three-Mile Road law.” They filed a bond with *171David J. Kimmel hereafter designated as appellant, as surety, conditioned among other…