Smith v. Ward

STEWART, Justice.

Appellant, Ben Smith, on August 26, 1945, contracted with the Postmaster General of the United States to carry the mail between Berea and Big Creek until June 30, 1948. With the permission of and upon a form prescribed by the Postmaster General, Smith, on March 12, 1947, entered into a subcontract with one Cecil Ray under which the latter agreed to perform the same service until the expiration of the contract for a consideration of $6,050 per year. Among the subcontract’s provisions was a bond whereby Ray and appellees, F. G. Ward and Kellis Smith, as sureties, covenanted,…