American Surety Co. of New York v. Gilmore Oil Co.

BRATTON, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action to recover on a bond given to secure the performance of a contract for the construction of four public highways in New Mexico.

The state entered into a written contract with Mountain States Contracting Company by which the latter obligated itself to construct the four highways. The Mountain States Company as principal and American Surety Company and American Employers Insurance Company as sureties executed their bond payable to the *251state, conditioned upon the performance and completion of the contract according…