Cleveland Metal Roofing & Ceiling Co. v. Gaspard

Citations

• 89 Ohio St. (N.S.) 185

Syllabus

<p>Suretyship — Bond securing property owner on building contract— Inability of sureties for labor and material — Furnished contractor subsequent to execution of bond.</p> <p>A bond, entered into by a contractor, in which the owner of a building is named as obligee, conditioned for the performance of the terms and conditions of a building contract between the contractor and the obligee, and for the payment of all claims contracted in reference thereto for material and labor furnished in the erection of the building, is for the protection of the owner of the building, and an action on the bond against the sureties thereon cannot be maintained by a company for the payment of claims, against the contractor arising under contracts entered into between such company and the contractor subsequently to the execution of the bond, under which contracts the company thereafter furnished material and labor in the erection of the building, where the bond does not so provide.</p>