Dickey v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff seeks to recover on a bond given under section 661 of the code of civil procedure (Gen. Stat. 1915, § 7569), for material furnished to defendant James A. Pringle, who, under contract, built a sewer for the city of Topeka. Action was commenced to recover $3,118.48, of which $2,161.47 was afterward paid. Judgment was rendered against the plaintiff in favor of the United States Fidelity and Guaranty Company for $957.01 with interest thereon. The plaintiff appeals from the judgment against it and in favor of the United States…