Marquette Cement Mfg. Co. v. Fidelity & Deposit Co.

Smith, O. J.,

delivered the opinion of the court.

This is a suit by the appellant under the provisions of section 5971 et seq., Code of 1930. There are two appeals, one by the Marquette Cement Manufacturing Company from a decree sustaining a demurrer of the Fidelity & Deposit Company of Maryland and dismissing the bill as to it, and another by the New Amsterdam Casualty Company from a decree overruling the general and special demurrers filed by it. The bill alleges that the city of Holly Springs entered into eleven separate and distinct contracts on different days with J. P. Rowan for the…