County of Yellow Medicine v. Johnston

The appeal is from an order denying defendants a new trial.

In the proceeding establishing county ditch No. 25 of Yellow Medicine county, the defendant Johnston was appointed engineer. He qualified and gave the bond required by the statute, the defendant Boyal Indemnity Company being the surety. Johnston appointed F. A. March assistant engineer. One Bademacher obtained the contract to haul the tile required in the project. His contract contained the provision for payments upon certificates issued by the engineer as the work progressed in accordance with G. S. 1923, § 6691. March issued from…