T. J. Moss Tie Co. v. Newsom

delivered tlie opinion of the Court.

The defendant, L. G. Newsom, entered into a contract with the Highway Department of the State to furnish material and labor and construct certain bridg’es in "Weak-ley County. He executed bond, conditioned to pay for all labor and material used in the construction of said bridges as-required, by chapter 121, Acts of 1925. The defendant, United States Fidelity & Guaranty Company, became surety on said bond.

The bill alleges that there is due complainant for material used in said bridges the sum of $7,874.59; that before the time for filing and proving claims…