Sues v. Smith

Lively, Judge:

Prom a judgment in favor of plaintiff for $4,133.04, entered December 8, 1921, both plaintiff and defendants prosecute error.

The litigation arises over a road building contract between the county court and defendant, Harry P. Smith, dated September 26, 1916, bond for the faithful performance of which was given by Smith with American Surety Company, as surety, on October 26, 1916, in the penalty of $20,000.00. The declaration, demurrer to which was properly overruled, is on the bond, alleging breaches of the contract. It is averred that after Smith had undertaken the work and…