Payseno v. Padgett Co.

Birdzell, Ch. J.

This is an action brought to recover a sum of money which the plaintiff claimed to be due him for the hire of horses which were used by the defendant, the Padgett Company, in certain road work in Wells county. The other defendant, the Northern Trust Company, is surety on two contract bonds, covering the projects upon which the horses were used. In the lower court the plaintiff had judgment against the Padgett Company for $2,026, plus interest and costs. Both the plaintiff and the defendant, the Northern Trust Company, moved for a directed verdict, whereupon the court held that…