Ohio Casualty Insurance v. Colorado Portland Cement Co.

Plaintiff in error is hereinafter referred to as the Insurance Company, defendant in error as the Cement Company, and the J. F. Roberts & Sons Construction Company as the Roberts Company.

The Roberts Company contracted with the state to build a highway and gave bond, with the Insurance Company as surety, to, inter alia, perform, and pay all persons for material. It bought cement from the Cement Company and failed to pay in full. The latter sued herein on the bond. The Roberts Company made no defense. The plea of the Insurance Company was, in substance, a plea of payment. Trial was to the court…