Board of County Commissioners v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a bond given to indemnify the plaintiff against loss resulting from breach of a contract to curb and gutter the public square in the city of Belleville. A demurrer was sustained to the petition and the plaintiff appeals.

The petition pleaded the contract with the. contractor, the bond given by the defendant, performance of the work, and payment of the price to the contractor. The contract was dated June 1, 1911. It provided that the work should be done according to certain specifications and that the whole curb…