Brooks v. Federal Surety Co.

MARTIN, Chief Justice.

The appellants, Brooks, Smith & Coane, as plaintiffs below, sued the Lorberry Coal & Mining Company, as principal, and the Federal Surety Company, as surety, for damages because of an alleged breach by the mining company of a written contract between it and plaintiffs for the sale of a certain quantity of mined coal. The surety company alone was served with process, and the 'Cause proceeded against it as sole defendant. At the trial the lower court directed a verdict for the defendant, and judgment was entered thereon. This appeal followed.

The controlling question in the…