A. Kieckhefer Elevator Co. v. Music Arts Corp.

The plaintiff claims that the bond in question is a donee beneficiary contract given for its benefit and that subject to the conditions of the bond it may maintain an action against the surety. The defendants claim that the bond is an indemnity agreement payable only to the obligees named and therefore no action can be maintained against the Massachusetts Bonding and Insurance Company, hereinafter called the Insurance Company.

By the terms of the bond the principal and surety agree to do three things: first, well and truly pay or cause to be paid and discharged of record the lien of the…