City of Excelsior Springs ex rel. Fitze v. National Surety Corp.

COLLET, District Judge.

Action by A. C. Fitze, doing business as Midwest Tile Company, against the surety on the contractor’s bond of the McDonald Construction Company for ■ a balance alleged to be due plaintiff as a sub-contractor. The immediate controversy is waged between plaintiff and Wm. McDonald, the general contractor. The cause was tried to a jury resulting in a verdict for plaintiff. The verdict was ordered recorded but the entry of judgment thereon was deferred pending an investigation by the Court of the propriety of certain rulings relating to the admission of evidence.

In order…