Southern Surety Co. v. Dolese Bros. Co.

CLARK, Y. C. J.

This action was commenced in the district court of Oklahoma county by the defendant in error, Dolese Brothers Company, a corporation, against plaintiff in error, Southern Surety Company, and Daugherty-Nichols-Wiggins, a copartnership, for the recovery of a balance due the defendant in error of $249.69 for material furnished Daugherty-Nichols-Wiggins on a contract for paving, etc., in the city of We-woka, Okla. The suit is based upon a statutory • bond given pursuant to section 7486, C. O. S. 1921, executed by the contractor, Daugherty-Nichols-Wiggins, principal, and defendant…