New Amsterdam Casualty Co. v. A Wirtz Transfer Co.

*310OPINION

By MATTHEWS, J.

In view of our conclusion as to this latter contention, we deem it unnecessary to determine whether ' §2365-1, GC, applies to work done under contract with the Miami Conservancy District.

It is clear under the authorities that the contractor, Ward-Hayes Construction Company, hound itself to the Miami Conservancy District not merely to furnish the necessary labor and material, but also to pay for them. In Royal Indemnity Co. v Northern Ohio Granite & Stone Co., 100 Oh St, 373, the provision of the contract was that the contractor would “at his own risk, cost and expense do…