State ex rel. Mason v. Jacobs

Appellant, the relator, brought this action against appellees to recover damages on account of an alleged breach of a certain bond given by appellee Jacobs as principal and his coappellee as surety for the faithful performance by Jacobs of a certain contract for *329the construction of a public drain established by the Knox Circuit Court under the provisions of chapter 252, Acts 1907 p. 508, §6140 et seq., Burns 1914. The surety’s demurrer to the complaint for want of facts was sustained, and this ruling of the court is assigned as error.

From the complaint it appears that the contract and bond…