Shuptrine v. Jackson Equipment & Service Co.

This is an appeal from a decree overruling a demurrer to a bill of complaint and was granted “to settle the principles of the case. ’ ’ The propriety of the granting of the appeal is not challenged by the appellee.

The bill, in so far as is necessary to here state, alleges, in substance, that C. E. Shuptrine and C. F. Shuptrine, doing business as Shuptrine Construction Company, contracted with the state highway department for the construction of a highway, executing a bond with the New Amsterdam Casualty Company as surety thereon, and governed as to its conditions by section 5009, Code 1930,…