Standard Oil Co. v. Detroit Fidelity & Surety Co.

This cause comes into this court on proceedings in error to the municipal court of the city of Cleveland, wherein that court sustained a demurrer to the petition, whereupon, the plaintiff not desiring to plead further, judgment was rendered in favor of the defendant, Detroit Fidelity & Surety Company. The parties stood in the same relationship below as they do here, and they will be referred to herein as plaintiff and defendant.

It appears that on February 24, 1923, the state of Ohio and the Ohio Contracting Company executed a contract for the construction of a certain public highway in…