Indemnity Ins. Co. of North America v. Stamberger Co.

The above causes are proceedings in error from the. common pleas court of Cuyahoga county, but by agreement of counsel will be treated as one, as the issues in each are the same, and therefore this opinion applies to each cause.

The Blair-Ferguson Company, a general contractor, executed a contract with the Bethlehem Steel Company, as owner, and there was a mutual agreement to erect what is known as a Welfare Building, and plant, in Lackawanna, New York, and it became effectual upon the execution of a surety bond to be approved by the steel company. A vital provision therein was that the…