American Radiator Co. v. American Bonding & Trust Co.

Ames, C.

These two cases being identical in all essential respects were consolidated for the purposes of briefs and argu*101ments, and were submitted together and will be decided by a single opinion.

In October, 1899, the board of public lands and buildings entered into a written contract with one C. F. Barras, by which the latter undertook the construction of a building for state purposes. The contract contained the following covenant:

“And the. said first parties agree to give to the state of Nebraska a good and sufficient bond in the sum of $10,000, executed by an approved surety company,…