Smith v. Smith

DUNKDIN, Justice.

Allen Smith entered into a written contract with the state highway commission to build and construct 9.797 miles, highway No. 49, known as Federal Aid Project 441 — B, Unit 2, and to secure the faithful performance of his contract gave a bond and sublet a part of the work to Paul Schriewer, who executed a bond to secure the faithful performance of his contract with the National Surety Company as surety. After the work was finished and while there was still due Allen Smith a balance for the work, Allen Smith executed another bond with the American Surety Company of New York in…