Sheahan v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Dawson, J.:

In 1911, J. B. Betts, a Topeka contractor, now deceased, entered into a contract with the Rock Island Railway Company to erect a railroad station for the latter at Waurika, Okla., and the defendant executed a surety bond conditioned that Betts would perform his contract with the railway company. The contract bound Betts to pay for all the materials used in the construction of the building.

The plaintiff furnished certain materials for which he was only partly paid. Betts died, insolvent, owing plaintiff a bal*705anee of $548.86. This action was…