Fidelity Deposit Co. of Baltimore, Md. v. Rainer

On Rehearing.

BOULDIN, J.

On further consideration, a majority of the court has reached the conclusion that the contractor’s bond in this case means more than a mere indemnity to the owner as against claims for labor and material.

For ready reference we again set out the condition of the bond, numbering consecutively the conjunctive obligations therein, as follows:

“Now therefore the condition of this obligation is such that (1) if the principal shall faithfully perform the contract on his part, and (2) satisfy all claims and demands incurred for the same, and (3) shall fully indemnify and save…