Continental Casualty Co. v. Rio Grande Fuel Co.

An action by the Rio Grande Fuel Company, defendant in error, plaintiff below, to enforce liability on a contractor’s bond executed by the Continental Casualty Company, plaintiff in error, as surety, in compliance with the provisions of section 6, chapter 39, ’35 C.S.A., and which was given to insure the performance of a contract awarded to one Carlson by the State Highway Department. Briefly, the stipulated facts are: That plaintiff furnished and delivered the materials, itemized in a bill of particulars, to Carlson, the contractor, who was made a party defendant, but who made no appearance…