Donahue v. Arkadelphia Milling Co.

Kirby, J.,

(after stating the facts). Appellants insist that the court erred in not directing a verdict in their favor, and in directing a verdict against them, and the contention must he sustained. The bond and the obligation sued on is such a one as the statute (§§ 8287 and 8288, C. & M. Digest) applies to, and from liability upon which the sureties or guarantors may be exonerated upon compliance with its terms. Thompson v. Treller, 82 Ark. 247, 101 S. W. 174; Shores-Mueller Co. v. Palmer, 141 Ark. 64, 216 S. W. 295.

The sureties or guarantors had the right, under the statute, which is part…