
    No. 262
    No. 19962
    The Cleveland Builders Supply and Brick Company and The National Refining Company v. The Village of Garfield Heights, Ohio, Indemnity Insurance Company of North America, The Bowen Brick & Supply Company, The Chas. E. Phipps Company and The Dagher-Holland Construction Company.
    Error to the Court of Appeals of Cuyahoga County.
    625. INDEMNITY BONDS — Right'of public to enforce contractor’s bond given under 2365-1 to 4 GC. to reimburse loss from his default, is prior to rights of sub-contractors, materialmen and laborers to participate in the amount due on the bond.
   KINKADE, J.

Where an indemnifying bond is executed and delivered to public officials pursuant to Sections 2365-1 to 2365-4, General Code, to insure the fulfillment by a contractor of a contract according to its terms, covering the construction • of a public improvement, the public has a right to enforce the bond in its favor so far as it moy be necessary to reimburse the public for any loss sustained by reason of a default of the contractor in carrying out the contract, and such right is prior to the right of any sub-contractor, material man or laborer to participate to any extent in the amount due on the bond.

Judgment affirmed.

Marshall, CJ., Day, Allen, Robinson, Jones and Matthias, JJ., concur.  