Morton Motor Co. v. Fidelity & Casualty Co. of New York

Lively, President:

The question here presented is whether the surety on a state road contractor’s bond is liable for the purchase price of three trucks bought bjr the contractor and used by him in building the road. The question was mooted in Hicks v. Randich, 106 W. Va. 109, 144 S. E. 887, wherein it was held that a surety on a county-district road bond was liable for reasonable repairs to, and work done on, trucks while being used in the construction of the road.

Wright & Hays gave the state a bond in the penal sum of $64,502, with Fidelity & Casualty Company of New York as surety,…