People Ex Rel. Western Acceptance Co. v. Southern Surety Co.

This cause is before us on error to a judgment for the defendant in an action in the name of the people for the use of the Western Acceptance Company v. the defendant in error. The action was upon a bond given to the people of the state of Colorado, in which the Colorado Contracting Company was principal, and the defendant in error, surety. The principal on the bond had entered into a contract with the state highway commission for the construction of some road, and the bond was given to secure the due performance of that, contract. The bond recites that it is conditioned that the principal,…