Cleveland Window Glass & Door Co. v. National Surety Co.

This proceeding is one of a series of cases pending in the state and United States courts, where a similar question is involved, and we are to determine whether the court below committed prejudicial error in sustaining a general demurrer to a petition of the Cleveland Window Glass & Door Company, filed against the National Surety Company, on the ground that the allegations thereof were not sufficient in law to constitute a cause of action. The judgment of the Common Pleas Court is based upon the construction it gave to the wording of a trust or mortgage deed from the Wade Chateau Company,…