Hyde Construction Co. v. Highway Materials Co.

This is an appeal from judgments of the Circuit Court of the First District of Hinds County, Mississippi, in two causes of action tried on one record, both of which grew out of the following facts.

Hyde Construction Company, Inc. (hereinafter called Hyde) entered into a contract with the Mississippi State Highway Department to build a certain part of the state highway. The United States Fidelity & Guaranty Company, as surety, (hereinafter called U. S. F. & G.) posted the usual contract performance and payment bond. Since the first suit was filed on this bond and contract, it will be designated…