Arnold v. Barner

The opinion of the court was delivered by

Johnston, C. J.:

In this action, begun May 7, 1912, the appellants, E. T. Arnold & Company, sought to recover damages in the sum of $5000 from appellees on an abstractor’s bond given by O. C. Barner, as principal, and M. R. Barner, W. A. Brown and F. E. Marsh, as sureties. In the petition the appellants alleged that Barner was engaged in the business of making abstracts of title to real estate, and as a condition precedent he gave a bond in the sum of $5000, dated March 29,1909, and approved on April 9,1909, with the above-named parties as sureties,…