State ex rel. Hilane Garage & Machine Co. v. United States Fidelity & Guaranty Co.

This action was brought by relator, The Hilane Garage & Machine Co., to recover for gasoline and oil supplied to the trucks of Culbertson & Culbertson, contractors, for certain road construction work. The trucks were engaged in hauling sand and gravel to be used in the work of constructing the road. The gasoline and oil were furnished by the plaintiff under a contract with 'Culbertson & Culbertson. The defendant, The United States Fidelity & Guaranty Company, was the surety upon the bond of Culbertson & Culbertson for the performance of the contract.

*142The statute requiring the bond (Section…