State v. Hartford Accident & Indemnity Co.

The state brought this action to recover the excess cost to which it had been put in constructing a section of highway by reason of the cessation of the defendant, the Deliso Construction Company, Inc., before fully performing a contract it had made for the work. The state also made defendant the Hartford Accident and Indemnity Company, which had given it a bond conditioned upon the performance of the contract by the Deliso Company. The latter company filed a counterclaim in which it sought to recover the reasonable value of the work it had done, on the ground that it had rescinded the…