Aitken Lumber Co. v. Kansas Casualty & Surety Co.

Citations

• 105 Kan. 193

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lumberman’s Lien — Materials Furnished — Indemnity Bond — Default of Contractor — Liability of Surety. The contractor in the erection of a building purchased from the plaintiff cement under an agreement that he was to be charged with the sacks on the same terms as for cement, and on receipt of the empty sacks plaintiff was to repurchase them at ten cents each. In an action on a surety bond given to indemnify persons furnishing the material, held, that in order to determine the amount due plaintiff it was proper to charge the contractor with cash paid for the return of the sacks.</p>