Road Supply & Metal Co. v. Bechtelheimer

The opinion of the court was delivered by

Harvey, J.:

This is an action against the principals and surety upon a bond given in connection with a contract for the construction of a hard-surface road, for the rental value, or value of the use, of tools and equipment furnished by plaintiff to a subcontractor. The subcontractor, Frank Bechtelheimer, was made a party defendant. Judgment was rendered against him by default, from which there has been no appeal. As between plaintiff and the contesting defendants the case was tried to the court, who made findings of fact and conclusions of law and…