First National Bank of Aitkin v. Hagquist

Defendant company’s demurrer to the complaint was sustained, and plaintiff appealed.

Defendant company, herein mentioned as defendant, became surety on Hagquist’s bond to Tingdale Bros. Inc. conditioned for the faithful performance of a construction contract and the payment of all claims for labor and material used therein. The contract called for payments on estimates of the work done from time to time.

Hagquist, the contractor, made a written contract with plaintiff reciting the contractual relations and his necessity for money with which to carry on the work; and therein this language is…