Fidelity & Deposit Co. v. Mahlen

One E. R. Darrow entered into a contract to erect an apartment house and remove a residence for one Mrs. Kate Wells, for the price of $23,000. He furnished two bonds, eách for $23,000, one for the faithful performance of the contract, and one for the payment of all workmen and furnishers of materials; and plaintiff became his surety on both bonds.

I

On the same day the defendants entered into a contract of indemnity towards plaintiff, the condition thereof being that, whereas plaintiff had furnished the two bonds aforesaid, therefore said indemnitors agreed (in effect) to hold said plaintiff…