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STATE v. ED COX AND SON

Nos. 10098, 10099.

132 N.W.2d 282 (1965)

STATE of South Dakota for the use of FARMERS STATE BANK, Plaintiff and Cross Appellant, v. ED COX AND SON, and William B. Cox, Defendants, and Tennefos Construction Company and United Pacific Insurance Company, Defendants and Appellants.

Supreme Court of South Dakota.

January 6, 1965.

Attorney(s) appearing for the Case

Stephens, Riter & Mayer, Pierre, Cupler, Tenneson, Serkland & Lundberg, Fargo, N. D., for defendants and appellants.

Carl W. Miller, Flandreau, Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and cross appellant.

RENTTO, Judge.

The basic question posed by this litigation is whether money loaned to a contractor and used by him in payment of claims that he has incurred in carrying out the provisions of his contract with the state highway authority is within the coverage of his performance bond.

The trial court held that it was and entered judgment for the use plaintiff against Ed Cox and Son, a partnership, and William B....

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