City of Albany ex rel. Crane Co. v. Ace Dewey, Inc.

SPERRY, Commissioner.

Crane Company, the real plaintiff herein, sued Ace Dewey, Inc., and Aetna Casualty and Surety Company, its bondsman, seeking judgment in the sum of $3159.33, stipulated between the parties to be the unpaid balance due it for materials furnished to Ace Dewey’s subcontractor, for construction of a swimming pool at Albany, Missouri. Trial to a jury resulted in a verdict for defendant. The Court sustained plaintiff’s motion for a new trial on the grounds that instruction No. 11, offered by plaintiff, was erroneously refused. Defendant appealed.

The city of Albany contracted…