Board of Education v. Nolte Tillar Bros. Construction Co.

OPINION

By ROSS, J.

This is an appeal on questions of ’aw from a final order of the Court of Common Pleas of Hamilton county, overruling a motion of defendants for judgment non obstante veredicto. The defendants’ motion for new trial was granted.

The amended petition briefly sets forth the existence of a contract, by which the defendant Construction Company agreed to ■erect a public school building for the plaintiff, that the defendant Bonding Company executed a bond covering faithful performance ■of such contract, that the defendant Construction Company breached said contract in failing to…