Tolbert Bros. Co. v. Molinder

Appellee was a subcontractor under appellant, Tolbert Brothers & Company, who were the principal contractors on the 'Corning-Piggott road, and appellant, -Etna Casualty & Surety Company, was surety on the bond of Tolbert Brothers. Appellee brought this action against both appellants to recover $642.82 on account of labor performed for Tolbert Brothers. He alleged that the work was completed in September, 1926; that he demanded payment of Tolbert Brothers, and that, on default in payment, he notified the surety company in December, 1926, of such default, and that the surety company agreed to…