Mason Construction Co. v. Kosmos Portland Cement Co.

Opinion of ti-ie Court by

Stanley, Commissioner—

Reversing.

Through, the process of practice, this case was and is resolved into one of liability or nonliability under a bond executed to the state highway commission or a contract between it and the principal in the bond. The facts finally became undisputed. The trial court adjudged liability by means of a peremptory instruction to the jury, and the appeal is by the principal and surety in the bond.

The Mason Construction Company, a partnership, composed of R. E. Mason, A. H. Douglas, and L. B. Handley, had a contract with the highway commission…