Ruberoid Co. v. Scott

CRAMER, Justice.

This cause had its inception in a contract between Harry Yates as contractor and The Ruberoid Company as owner. Yates agreed to repair and rebuild portions of an above ground concrete water tank located on Ruberoid’s land for a consideration of $9,573.44. Travelers Indemnity Company was surety on the performance bond, with Ruberoid, as well as all subcontractors, workmen, laborers, mechanics and materialmen who worked for, or furnished materials to, Yates in the performance of such contract, as their respective interests might appear, as obligees.

After Yates asserted he had…