Hibner v. Ebersbach

Hatcher, Judge:

This is a suit on the bonds (two) of a road contractor. Plaintiff appeals from an order sustaining demurrers to and dismissing the bill.

The following allegations are made by the bill: Defendant Ebersbach of Pomeroy, Ohio, (doing business as Ebers-bach Construction Company) contracted with the State Road Commission to construct ten continuous miles of public road, which were divided into two projects of five miles each. A separate contract was executed for each project; and a separate bond with defendant Southern Surety Company, as surety, was furnished by Ebersbach on each…