St. Paul Foundry Co. v. Evenson

1 Reported in 211 N.W. 834, 213 N.W. 352. Action to recover upon a building contractor's bond for material furnished. There was judgment for the plaintiff and the defendant surety company appeals.

On October 30, 1922, Evenson Utterberg, a copartnership, contracted with the Eveleth Elks Building Corporation for the construction of a building at Eveleth, Minnesota. At the same time the copartnership as principal and the defendant Fidelity Deposit Company as surety, executed a bond to the Elks Corporation in the sum of $59,769, reciting that it was "for the use of the said Eveleth Elks Building…