Terry v. United States Fidelity & Guaranty Co.

— This is an action on a contractor’s bond, executed pursuant to Rem. Rev. Stat., § 1159 [P. C. § 9724], to secure persons performing labor and furnishing material in connection with the construction of a public highway. From judgment entered on a verdict in favor of plaintiff, defendant appeals.

The bond was executed by appellant as surety for Bjork Bros., Pearson & Strom, co-partners, to whom we shall refer as Bjork, who had a contract from the state for certain tunnel and rock work on state road No. 5, in the vicinity of the Teiton dam. The contractors entered into a contract with…