National Surety Co. v. Mansfield Lumber Co.

The parties will be referred to as they stood in the lower court, being in the reverse order here. The pleadings before us are the petition, its amendment, the answer, and the demurrer thereto. The court of common pleas sustained the demurrer and entered judgment for the plaintiff, the Mansfield Lumber Company. The National Surety Company prosecutes error and seeks a reversal of the judgment entered against it.

The plaintiff, as a subcontractor, sought to recover from the board of education of the city of Mansfield school district and the National Surety Company for certain materials alleged…