Merchants Mutual Bonding Co. v. State Ex Rel. Nesbitt

WILLIAMS, Justice.

This is an appeal from the judgment of the district court entered in an action wherein plaintiff, State of Oklahoma, on relation of Charles Nesbitt, Attorney General, sought to recover from defendant, Merchants Mutual Bonding Company, the sum of $5000.00 for the alleged breach of a bond executed by defendant as surety. The parties herein will be referred to as they appeared below, i. e., defendant in error will be referred to as plaintiff and plaintiff in error will be referred to as defendant.

Most of the facts herein were stipulated in the lower court and only a brief…