Cavanaugh v. Globe Indemnity Co.

The opinion of the court was delivered by

Smith, J.:

This was an action on a faithful performance bond. Judgment was for plaintiffs. Defendant appeals.

On December 5, 1930, the state highway commission entered into a contract with the Whitney-Teeter Construction Company for the construction of a project on the state highway system. A considerable part of this contract was subcontracted to plaintiffs. When the Whitney-Teeter Company entered into the contract it gave two bonds. One bond was given pursuant to R. S. 1931 Supp. 68-410. That section is as follows:

“All contracts for the construction,…