Theodore J. Molzahn & Sons, Inc. v. K. W. Construction Co.

The subcontractor, in its contract with the principal contractor, agreed “to furnish and pay for all costs or rentals of equipment . . . required for the construction . . .’’of the work to be performed by the subcontractor, and also agreed to “furnish a surety company bond guarantying the full, complete, and faithful performance of this agreement. . . .” By those provisions the subcontractor expressly obligated itself (1) to “pay for all rentals of equipment required for the construction of the subcontract work,” and (2) to furnish a surety bond guarantying “the full, complete performance of…