Halleran v. Sander

Halleran Bros., a copartnership, appellants, plaintiffs below, entered into a written contract with the state highway commission for the construction of a certain state highway in Lewis county, the National Surety Company becoming surety on the contractors’ bond. The contractors sublet the entire work by separate portions to each of several contractors, among them being respondents Carl Sander, B. & B. Building Material Company, and one Phillips, for which latter the Constitution Indemnity Company became surety. Phillips and his surety have made no appearance in this court.

The construction…