C. H. Heist Ohio Corp. v. Bethlehem Steel Co.

In its contract with Bethlehem Steel Company, Allied Material Supply Company, which was the primary contractor, agreed: *1 The Contractor * * * expressly covenants and agrees that no liens shall be filed either by the Contractor or by any subcontractor * * * against the property of [Bethlehem] ”.

Thereafter the appellant, Heist Corporation, entered into a written subcontract with Allied which contained the following provision: “ All terms and conditions of the Owner’s Standard *205Contract 2500 with the Contractor will become a part of this agreement.” (Italics added.)

Thus Allied agreed that neither…