Standard Oil Co. of New Jersey v. Smith

Hatcher, Judge:

This is a suit in equity against the bond of a subcontractor on a public road, to recover for material furnished on the subcontract. The plaintiff sued on behalf of itself and other furnishers of material and the laborers of- the subcontractor. From a decree in their favor, the surety on the bond appealed.

Cain and Company were the principal contractors on a state road project, and executed the statutory bond required of them as such. They sublet by written contract a part of the project to the defendants, K. J. Smith and Son. The latter executed the bond in question in favor of…