State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.

Woods, Judge:

This is an action at law certified from the Circuit Court of Kanawha County wherein several questions are raised for decision by this court. The proceeding is by way of notice of motion for judgment on a contractor’s bond.

The facts out of which this action arose are as follows: The County Court of Kanawha County entered into a written contract with G. T. Pogle & Company for the repair and construction of a public highway lying between East Bank and Cabin Creek in Kanawha County and described as Section 6 East Bank — West, paving 2.63 miles.” Said written contract provided further…