
    Pioneer Fire-Proof & Construction Company v. J. H. McClay et al.
    Filed April 21, 1898.
    No. 7987.
    Action on Contractor’s Bond: Parties. One not a party to a contractor's bond may maintain an action thereon, when such bond was executed for his benefit.
    Error from the district court of Lancaster county. Tried below before Strode, J.
    
      Reversed.
    
    
      William Leese and E. E. Brown, for plaintiff in error.
    
      C. A. Atkinson and Walter A. Leese, contra.
    
   Norval, J.

This was a suit on a building contractor’s bond. A •general demurrer was sustained to the petition, and the plaintiff electing to stand on its pleading, the cause was •dismissed.

The decision is controlled by that of Pickle Marble & Granite Co. v. McClay, 54 Neb. 661. For the reason given in the opinion filed therein, the judgment of the district court is reversed and the cause remanded for further proceedings.

Reversed and remanded.  