State Ex Rel. Sauers v. C. J. Montag Co.

Plaintiff brought this action in the name of the state for his own benefit under section 2991, Or. L., to recover from C. J. Montag company, a public contractor, and its surety, The Aetna Casualty and Surety Co., for lumber sold for the construction of certain public bridges on the Roosevelt highway for the construction of which said contractor had entered into a contract with the state highway commission. In alleging the value of the lumber, the complaint alleged that it was ‘ ‘ of the reasonable and agreed value of ” a stated amount. Defendants moved the trial court that plaintiff be…