Rosenbaum v. Price Construction Co.

Hatcher, President:

In this suit, the contractor of the-surety of a defaulted subcontractor recovered a judgment for work on a road project against the general contractor and its surety. The recovery was based on a unit value for excavation in excess of the first subcontract price. The general contractor and its surety appealed.

The general contractor is defendant, Price Construction Company (hereinafter called Price). In 1929, it secured a contract to construct a certain public road project and defendant, Western & Southern Indemnity Company, is its (ultimate) surety. The contract provided a…