Marquette Gravel & Construction Co. v. Bengtson

*493The opinion of the court was delivered by

Hutchison, J.:

The real point involved in this case is the right of a board of county commissioners to exact and require of a road-building contractor a bond signed by a surety company instead of a personal bond.

Two contracts for road building had been awarded by the board to the plaintiff construction company as the lowest bidder thereon at a public letting duly advertised, and ten days were given under the provisions of R. S. 68-521 .to sign contract and furnish statutory bond. Nothing had been said in the public notice of the letting, nor in the…