Bowling v. Julian Construction Co.

Maxwell, Judge:

Appellant, surety on a road contractor’s bond, complains of a decree of the circuit court of Raleigh County fixing liability on the surety for the aggregate of certain orders issued by the contractor to one Pack, a merchant, on the basis of which orders Pack furnished goods and merchandise to employees of the contractor. Pack intervened by petition and is appellee here.

Conditions of the bond required the surety to “save harmless the State of West Virginia from any expense incurred through the failure of said Contractor to complete the work as specified, * * * or for any…