Employers' Liability Assurance Corp. v. A. W. Johnson Co.

Ed. F. McFaddin, Associate Justice.

The question posed is whether the appellee was entitled to judgment on the indemnity bond signed by appellant. In January 1955, Kelly Engineering Company (hereinafter called “Kelly”), entered into a contract with Flake, et al. (hereinafter called “Wallace”), by the terms of which contract Kelly agreed to furnish the materials and labor to completely air-condition the Wallace Building in Little Rock. The contract between Kelly and Wallace contained two paragraphs here germane. They are:

“Art. 21. Bond. The contractor shall, at owner’s expense, provide a bond,…