Broker v. City of New Albany

Under certain provisions of the statute for the incorporation of cities (1 K. S. p. 217), one Armstrong and the appellee entered into a contract by which said Armstrong agreed to grade, pave, &c., a part of a street for a price agreed upon. One Saunders became the surety of said Armstrong for the performance of the contract.

Before the completion of the contract, Armstrong died. Saunders, his surety, completed it.

By the statute referred to, the city authorities make contracts for such improvements upon the petition, &c., of the property holders along the line of the improvement; but it is…