Royal Indemnity Co. v. Cliff Wood, Coal & Supply Co.

MOORMAN, Circuit Judge.

There is a statute of Ohio requiring one about to enter into a contract to construct a public building or other improvement to execute bond, with surety, to pay for all labor performed or material furnished in the construction or improvements to be made. The plaintiff in error was surety on a bond executed to the city of Lima for the construction of an in*502tereepting outfall sewer. The contractor defaulted in the performance of his contract, and this action was brought against the surety to recover.for material furnished on the work.

The bond bound the principal and surety…