Crocker
Crocker v. Field's Biscuit & Cracker Co.
Opinion
Lead Opinion
Foote, J.
This action is upon a bond for two thousand five hundred dollars, executed by the Field’s Biscuit and Cracker Company as principals, and R. Percy Wright and William Collins as sureties.
Judgment passed for the plaintiffs, from which, and from an order denying a new trial, this appeal is taken.
The defendant corporation had contracted with the plaintiffs for the sale and delivery to it of certain show-cards, labels, and linings for boxes, and had failed to Day for them as agreed upon, and the plaintiffs had *533 levied an attachment upon the defendant’s property. In order to obtain a release of that attachment, the bond was entered into by the corporation as principal, and Wright and Collins as sureties. The condition of the bond is: “ That if said Field’s Biscuit and Cracker Company shall pay to the said H. S. Crocker & Co. the amount due and to become due to them for goods sold and delivered to said Field’s Biscuit and Cracker Company, or to be sold and delivered to said company, according to the terms of the contracts between said H. S. Crocker & Co. and said Field’s Biscuit and Cracker Company respecting the same, and shall fulfill said contract, then this obligation to be…