Ludlow Valve Manufacturing Co. v. Fidelity & Casualty Co.

The opinion of the court was delivered by

Marshall, J.:

This is an action on a bond given under section 661 of the code of civil procedure. Judgment was rendered for the plaintiff, and the defendant appeals.

*152The case was tried without a jury, and the special findings of fact were made by the court. Those findings summarized show that E. L. Garretson and E. D. Garretson were partners doing business as E. L. Garretson & Bros.; that on about July 2, 1920, they entered into, a written contract with the city of Arcadia, in Crawford county, to construct a waterworks system for the sum of $27,000; that…