Mountaineer Euclid, Inc. v. Western Casualty & Surety Co.

These appeals are before this court on questions of law. They present identical questions and have been considered together, and the opinion rendered herein is dispositive of both appeals.

Mountaineer Euclid, Inc., and Ray C. Call. Tnc., appel-lees herein and hereinafter referred to as companies, were th¡e sellers of a wide variety of parts for heavy construe tion equipment. The Western Casualty & Snrety Company, appellant herein and hereinafter referred to as Western, executed a surety bond, with Bruns Coal Company, Inc., as principal, to the state of Ohio in connection with a highway…