Kline Cloak & Suit Co. v. Morris

— The action is for damages upon a building contractor’s bond. Judgment below was for plaintiff (respondent here) for the penalty of the bond and execution thereon for the damages awarded. Defendants have appealed.

We will briefly outline the issues raised by the pleadings. The petition alleges the corporate capacity of plaintiff and of defendant Southwestern Surety Insurance Company; that on April 13, 1913, plaintiff and defendant Morris entered into a contract for the construction of a certain building, and for the alteration and remodeling of another building in Kansas City, in accord anee…