Peter J. Mascaro Co. v. Milonas

Opinion by

Mr. Justice Bok,

This is a suit by a subcontractor against a sub-subcontractor and his surety. The court below sustained preliminary objections to the amended complaint and dismissed it as to both defendants. The plaintiff is the Masearo Company, a partnership, one of whose partners is dead and is represented by the executors of his estate. We will consider the case against each defendant separately, beginning with the surety.

The factual scaffolding is that Bero Construction Company had a prime contract with the Ohio Turnpike Commission to build part of the Ohio Turnpike. Bero then…