Whitaker-Merrell Co. v. Carl M. Geupel Construction Co.

Appellee Geupel was awarded a state highway construction contract and entered into a subcontract for paving with Davidson, who in turn purchased material and services from various materialmen, including Whitaker, Purdy, Basic and Standard Oil of Ohio. The latter were not paid in full by Davidson.

Whitaker sued Geupel as prime contractor, and Aetna as surety on its statutory bond, pursuant to R. C. 153.56. Geupel filed a third party complaint against Ohio Casualty, *185surety for Davidson, seeking reimbursement for whatever judgments it might be required to pay to Davidson’s ma-terialmen. Purdy,…