Nye-Schneider-Fowler Co. v. Roeser

The defendant Roeser contracted with the school district to erect a school building, and gave a bond as contractor, and this action is by the materialman and is against the principal and surety on the bond. The de7 fendants demurred generally to the petition, which was sustained, and the action dismissed, and the plaintiff has appealed. The contract is very indefinite, uncertain, and incomplete. Some of the necessary provisions of any such contract are supplied in the terms of thé bond, but the bond is not a compliance with the statute. It contains no provision for the payment of laborers and…