Monfort v. Ellis

Citations

• 16 Ohio N.P. (n.s.) 225

Syllabus

<p>Sureties — Action on Bond of a Defaulting Contractor — Party Undertaking to Complete the Work Not an Agent of the Surety — Limitation as to Time for Bringing Suit on Bond — Judgment Non Obstante 'Veredicto — Ruling on Interlocutory Order Not Binding at Hearing on the Merits.</p> <p>1. The limitation of time within which suit may be brought on the bond of a defaulting contractor is waived by the surety when it consents that another may step into the place of the contractor and complete the work.</p> <p>2. Where a second default occurs as to which there was no waiver, and suit is not brought on the bond wi'thin the time stipulated therein, the limitation becomes effective and an action begun thereafter can not be maintained.</p> <p>3. Where a court becomes satisfied on motion for a new trial that error was committed i-n not arresting the case from the jury at the close of the plaintiff’s testimony and giving judgment for the defendant, the verdict may be set aside and judgment entered by the court sua sponte for the defendant..</p> <p>4. A judge hearing a case on its merits is not bound by a previous ruling in an interlocutory order in the same case, where to follow such ruling would perpetuate error and work an injustice.</p>