Ben-Tom Corp. v. Buckeye Union Casualty Co.

The plaintiff seeks to recover from defendant the sum of $5,803.09. A jury was waived and the cause has been submitted to the court on the pleadings, the evidence and the briefs of counsel.

Stated as briefly as possible, the facts are that in October 1959, the City Council of the city of Oberlin, Ohio, accepted the bid of Zimmerman Company, Inc. (hereinafter referred to as Zimmerman), to construct a waterworks reservoir and appurtenances. A formal contract was entered into (herein referred to as Contract A.), (plaintiff’s exhibit 12 and defendant’s exhibit B.). In accordance with the terms of…