American Surety Co. v. Thorn-Halliwell Cement Co.

The opinion of the court was delivered by

Mahan, P. J. :

These cases 'are here on the same facts. Defendants in error sued the plaintiff and one James T. Broughal on a bond given by Broughal, as principal, and the surety company, as surety, in which the city of Seneca is named as obligee, conditioned for the faithful performance of a contract to do work and furnish the material and erect and complete a water-works system for said city, and to pay for all materials furnished and labor employed by the contractor therein. Plaintiffs sought to recover for material and labor furnished the contractor…