Mills v. Indemnity Insurance Co. of North America

Maxwell, Jud6E:

This certification presents for review the action of the circuit court of Kanawha County sustaining the defendant’s demurrer to the plaintiff’s replications to the defendant’s special pleas.

The plaintiff, having contracted with the county court of Cabell County for the construction of a bridge in that county, sub-let a portion of the work to Metal Products Company, which furnished an indemnity bond to the plaintiff with the defendant as surety. By reason of failure of the sub-contractor, the plaintiff took over the work and completed it, with the assent of the sub-contractor’s…