Smith v. Aultman

1. Where one entered into a contract with another to construct for him a building according to terms, plans, and specifications set forth in the contract, and where in pursuance of one of the provisions of the agreement the contractor and another “ as security ” entered into a bond payable to the person for whom the building was to be erected, binding themselves jointly and severally in a stipulated sum that the contractor should “ well and faithfully perform all of the duties and obligations resting upon him under the contract ” previously made for the erection of the building, a copy of…