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WESTINGHOUSE ELECTRIC CORP. v. MILL & ELEVATOR CO.

No. 50724.

118 N.W.2d 528 (1962)

WESTINGHOUSE ELECTRIC CORPORATION, Appellee, v. MILL & ELEVATOR CO., Farmers Cooperative Elevator, and Farmers Elevator Mutual Insurance Co., Appellants.

Supreme Court of Iowa.

Rehearing Denied February 12, 1963.

Attorney(s) appearing for the Case

Garten, Lindel & Garten, Des Moines, and Westfall, Laird & Burington, Mason City, for appellants.

Neiman, Neiman & Stone, Des Moines, for appellee.

GARFIELD, Chief Justice.

The question presented is the liability of defendant surety on a construction bond to plaintiff subcontractor from which defendant principal contractor purchased material in performing the contract. The answer depends on the proper construction of the contractor's bond and the contract made part thereof. Following trial in equity, mainly on stipulated facts, judgment was entered for plaintiff against defendants contractor and its surety. These...

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