Guarantee Title & Trust Co. v. Babbitt Bros. Trading Co.

This is an appeal by Guarantee Title & Trust Company, as administrator in Arizona of the estate of C. E. Green, deceased, and Aetna Casualty & Surety Company, a corporation, hereinafter called appellants, from a judgment in favor of Babbitt Bros. Trading Company, a corporation, hereinafter called appellee.

The facts out of which the action grew may be stated as follows: C. E. Green, hereinafter called decedent, entered into a contract with the town of Flagstaff for the construction of a reservoir, and subcontracted the work of excavation thereof to H. T. Willis & Son, a copartnership. The work…