Federal Surety Co. v. Basin Construction Co.

MR. JUSTICE -GADEN

delivered the opinion of the court.

This action was instituted by the plaintiff, Federal Surety Company, to recover the sum of $13,989.13 from the defendants, Basin Construction Company and the Fidelity & Deposit Company, for an alleged breach of contract for the construction of a portion of a federal aid highway between Billings and Hardin. A jury was waived and the cause was tried to the court, after the conclusion of which the court made and entered its findings of fact and conclusions of law in accordance with the prayer of the plaintiff’s complaint awarding to the…