Thompson Transport Co. v. Middlestates Construction Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an action by Thompson Transport Company, Inc. (appellant) to recover freight charges for transporting bituminous base (road mix) materials for Middlestates Construction Company. Middlestates had a road construction contract with the State Highway Commission of Kansas. The appellant sued Middle-states and also Trinity Universal Insurance Company (appellee), claiming such transportation charges were covered by the G. S. 1949, 68-410 bond signed by Trinity as surety. The trial court entered judgment for Trinity, and appeal has been…