Holbrook v. City of Atlanta

McMurray, Judge.

This appeal arises out of a suit and counterclaim which involved a bid bond for $5,000 executed by C. Sam Holbrook, as principal, and American Fidelity Fire Ins. Co., as surety, to the City of Atlanta, holding themselves bound for the faithful performance of executing in writing a sewer construction contract and construction bond, if Holbrook was the successful bidder.

City of Atlanta contends that Holbrook was the successful bidder but refused to execute the construction contract. It sued for damages arising out of the bond.

Defendants answered jointly, denying the claim and…