AMERICAN SURETY CO. v. JAMES A. DICK CO.

No. 7857.

23 F.2d 464 (1927)

AMERICAN SURETY CO. OF NEW YORK v. JAMES A. DICK CO. et al.

Circuit Court of Appeals, Eighth Circuit.

December 24, 1927.


Attorney(s) appearing for the Case

Francis C. Wilson, of Santa Fé, N. M., for appellant.

Carl H. Gilbert and C. J. Roberts, both of Santa Fé, N. M. (J. O. Seth, of Santa Fé, N. M., Summers Burkhart, of Albuquerque, N. M., W. B. Walton, of Silver City, N. M., C. W. Croom, of El Paso, Tex., Wilson & Woodbury, of Silver City, N. M., and Goggin, Hunter & Brown, of El Paso, Tex., on the brief), for appellees.

Before LEWIS, Circuit Judge, and POLLOCK and SCOTT, District Judges.


POLLOCK, District Judge.

Appellant, as plaintiff below, herein referred to as "plaintiff," became surety for a contractor named Charles A. Cunningham, who had entered into a contract with the state highway commission of the state of New Mexico to furnish the materials and perform the labor of constructing New Mexico federal aid project No. 84, in Grant county, that state. The bond given by the contractor was in amount $68...

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