Van Wert National Bank v. Roos

The questions here presented are, first, whether the construction or improvement of a joint county ditch is a public improvement at public expense when about 98% of the cost thereof is assessed against property benefited thereby; second, whether a general assignment by a contractor of the proceeds of a public improvement contract, without the knowledge or consent of the surety, constitutes a material alteration of the contract, thereby discharging the surety from its obligations under its bond.

Defendant contends that the provisions of Section 2365-1 et seq., General Code, requiring a…