People Ex Rel. McDonell v. Fidelity & Deposit Co.

September 18, 1922, J. L. Sparling, doing business as J. L. Sparling Company, contracted with the city of Bay City to construct substructures, in accordance with elaborate plans and specifications, for a filtration plant, and gave bond to pay subcontractors and materialmen with the Fidelity ■& Deposit Company of Maryland as surety. September 24, 1922, J. L. Sparling Company entered into the following contract with McDonell Brothers, plaintiffs herein:

“This agreement made this 24th day of September, 1922, by and between the J. L. Sparling Co., of Bay City, Mich., parties of the first part, and…