Ætna Casualty & Surety Co. v. Russell

The defendant in error employed Fred C. Herbst, a contractor, to erect a brick building and to move and repair another building for a price of $18,317.80, the contractor to pay out of this sum for all the labor and all the material used in the construction of the brick building and the repair of the other. The contract between these two parties was reduced to writing, and, among other things, this language was used:

“One Herbst and the Defendant in error, Russell, entered into a builder’s contract whereby said Herbst agreed to furnish all material and labor and to perform the work specified in…