In Re MacKey

April 16, 1935. The opinion of the Court was delivered by On the 19th day of August, 1931, the South Carolina Highway Department awarded to Sutton Bros., Inc., a certain contract for the construction of State Routes 14 and 183 in Pickens County, and on the same day, pursuant to the requirements of the highway department, Sutton Bros., Inc., as principal, and Union Indemnity Company, as surety, executed the usual highway bond in the sum of $105,444.88, in favor of the highway department, conditioned for the faithful performance of the contract.

Sutton Bros., Inc., entered upon the performance…