West Virginia Supreme Court March 3, 1936, 8273 & 8273-A (Rosenbaum v. Price Construction Co.)

Hatcher, President:

In this suit, the contractor of the-surety of a defaulted subcontractor recovered a judgment for work on a road project against the general contractor and its surety. The recovery was based on a unit value for excavation in excess of the first subcontract price. The general contractor and its surety appealed.