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ROBERTS v. SOUTHERN SURETY CO.

No. 2841.

33 F.2d 501 (1929)

ROBERTS v. SOUTHERN SURETY CO.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

John H. Manning, of Raleigh, N. C. (J. S. Manning, of Raleigh, N. C., on the brief), for appellant.

Samuel W. Ruark, of Raleigh, N. C. (Robert Ruark and Ruark, Fletcher & Ruark, all of Raleigh, N. C., on the brief), for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

NORTHCOTT, Circuit Judge.

One Ashby contracted with the North Carolina state highway commission to construct a certain road, designated as project No. 484. The Southern Surety Company became surety for Ashby in the amount of $128,560.00. Ashby's contract was dated in the year 1922. Subsequently Ashby defaulted on the contract, and upon his default the surety undertook to complete the contract. Later Ashby was adjudged bankrupt.

The appellant, S. J. Roberts...

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