Nye-Schneider-Fowler Co. v. Roeser

The promise in the contract was to “save harmless the said obligee from pecuniary loss resulting from the breach,” etc. The obligee has suffered no pecuniary loss, and yet we are holding the surety on the bond liable for loss suffered by third parties, strangers to the contract, and in a case where it cannot be said that any promise was made for their benefit, unless we say that the parties intended the statutory bond. The opinion says: “It (the contract) contains no provision for the payment of laborers and materialmen as the statute requires.” Is not the situation then clear”? A provision…