HAAF v. Hjelle

ERICKSTAD, Judge.

The plaintiffs appeal from that part of a judgment of the District Court of Burleigh County which awarded the defendant Tri-State Insurance Company the balance of certain funds deposited with the court.

Previously the funds had been retained by the North Dakota State I-Iighway Department in connection with two highway construction contracts awarded Coghlan Construction Company, Inc., pending the performance of the contracts by the defendant Tri-State Insurance Company, as surety on the contract bonds, as a result of default in the performance of the contracts by the…