WILLIAMS, Vice Chief Justice.
In March, 1952, defendant G.I. Construction Company, hereinafter referred to as defendant, secured several contracts for construction of portions of the Turner Turnpike. One of these contracts, designated as Contract 50, was for an overpass. The Western Casualty and Surety Company, hereinafter referred to as Surety, executed performance bonds on said contracts in April, 1952. As a condition precedent to and as part of the consideration...
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