Atkinson v. Orr-Ault Construction Co.

By the Court.

This matter was submitted at an earlier date of this term, and a rehearing having been granted, and reargument had, the court has reached the conclusion that Section 2365-3, General Code, requiring one performing labor or furnishing material in the construction, erection, alteration or repair of a building, work or improvement, under contracts referred to in such section, to furnish the sureties on the bond of the principal contractor a statement of the amount due such person, firm or corporation before suit may be brought upon such bond, is jurisdictional in character. In this…