Natural Rock Asphalt Corp. v. Highways Improvement Corp.

July 19,1926, the Highways Improvement Company entered into a contract with the board of commissioners of St. Joseph County for the improving of a certain highway in said county, by resurfacing the same with Kentucky Rock asphalt. In said contract it was provided, inter alia, that said contractor should “promptly pay all debts incurred in the purchasing of said material and in the prosecution of said work.” A bond for the faithful carrying out of said contract was given, on which appellee Metropolitan Casualty Insurance Company was surety. One of the conditions of the bond was that said…