Excello Feed Milling Co. v. United States Fidelity & Guaranty Co.

■Smith, C. J.,

delivered the opinion of the court.

This is a suit by the appellant, under chapter 217, Laws of 1918, on a bond on which the United States Fidelity & Guaranty Company is surety, for the performance of a contract entered into by B. IIL Bass & Co. with the highway commissioners of Warren county, for the construction of a public highway.

The original declaration allegues that, after the execution of this contract and bond, B. EL Bass “became the sole owner of the partnership of B. EL Bass & Co.,” and purchased certain material from the appellants, and used the same in ‘ ‘ carrying…