Court of Appeals for the Fifth Circuit June 2, 1925, No. 4546 (United States Fidelity & Guaranty Co. v. Worthington Co.)

FOSTER, Circuit Judge.

In this ease it' appears that the defendant in error (hereafter called plaintiff) secured a contract from the state of Alabama to build about 4-miles of concrete highway near Selma, and gave bond for the faithful performance of' the work, with the plaintiff in error (hereafter referred to as defendant) as surety.