Consolidated Indemnity & Ins. v. Southern G—F Co.

GARDNER, Justice.

This suit was instituted against S. R. Cook, the principal contractor for certain highway construction,- and the Consolidated Indemnity and Insurance -Company, surety on his bond. From a judgment in favor of the plaintiff and several interveners, the surety alone appeals.

But one question is presented, and that is whether or not, under the proof, the suit was ■begun “within sixty days after the complete performance of said contract, and of final settlement thereof.” The initial suit was brought on January 5, 1932.

Plaintiff offered in evidence the final estimate as it had been…