Royce Kershaw, Inc. v. State Ex Rel. Day

Smith, O. J.,

delivered a dissenting opinion.

I am of the opinion that the appellant’s cause of action on the bond here sued on had accrued when the action was begun; that United States Fidelity & Guaranty Company v. Plumbing Wholesale Co. (Miss.), 166 So. 529, was wrongly decided, and should be overruled. Section 5971, Code 1930, requires one contracting for the construction of a public building or work, to- execute a bond to tbe state or tbe political subdivision thereof for which the work is being done, for the faithful performance of the contract', “with the additional obligation that such…