American Guaranty Co. v. Cliff Wood Coal & Supply Co.

Throughout this opinion the plaintiff in error will be called the surety and the defendants-in error the materialmen. The surety contends in the present action, as in the case of Southern Surety Co. v. Chambers, ante, 434, 154 N. E., 786, recently decided, that the provisions of Sections-2365-1 to 2365-4, inclusive, General Code, (107 Ohio Laws, 642), cannot be construed with this bond so as to raise an obligation against the surety on behalf of the materialmen, pointing out that the sole obligation of the surety under the express provisions of the bond is to indemnify the obligee, the school…