Title Guaranty & Surety Co. v. Hay

Opinion of the Court by

Judge Miller

Affirming.

„ This is the second appeal in this ease. The opinion on the former appeal is printed in 165 Ky. 76; and, although the facts are there stated in detail, a brief restatement of the case, in outline, will be necessary to understand the questions involved upon this appeal.

In September, 1911, George 1Y. Harper contracted with Franklin county for the construction of a turnpike *672road for $5,500.00, with the appellant company as his surety. As an inducement, however, for the company becoming Harper’s surety, Hay, Smith, Baker, Horton, and Mills gave the…