State ex rel. Marble Cliff Quarries Co. v. Watts

Citations

• 100 Ohio St. (N.S.) 380

Syllabus

<p>Suretyship — Contractor's bond — State highway commissioner — Section 1303, General Code (103 O. L., 456) — Mandatory and permissive provisions — Indemnity favoring materialmen and laborers.</p> <p>1. Section 1203, General Code (103 O. L., 456), relating to the procurement of a bond by the state highway commissioner, contained two provisions: one mandatory, requiring a bond conditioned that the contractor should perform the terms of the contract; another permitting the inclusion therein of a provision for indemnity against liens and claims for material and labor furnished in the construction of the improvement. These provisions of the act did not deprive the commissioner of the power to include in said bond a clause for payment of claims accruing to materialmen and laborers on account of the construction of said improvement.</p> <p>2. Such included clause, since not prohibited, is justified, being within the purpose and scope of that provision of the act which permits .the commissioner to include in the bond a provision for indemnity against liens and claims for material and labor furnished. ,</p>