Ohio Oil Co. v. Fidelity & Deposit Co. of Maryland

Bedwell, J. —

On December 15, 1936, the appellee Thomas McQueen, as principal, with the appellee Fidelity and Deposit Company of Maryland, as surety, filed with the State Highway Commission their bond in the penal sum of $600,000 to secure the performance of a contract entered into between McQueen and the State Highway Commission of Indiana for a highway improvement in Lake and Porter counties. Thereafter, the appellee McQueen entered into a subcontract with the Red Top Construction Company, Inc., for certain work upon said job which required the use of trucks and other gasoline and oil…