
    No. 56
    No. 19844
    The American Guaranty Co. v. The Cincinnati Iron and Steel Company.
    Error to the Court of Appeals of Hardin County.
    1140. SURETYSHIP — Under 2365-1 to 2365-4 GC., the principal contractor having abandoned a building job, a person who furnishes material to a materialman may maintain an action upon a bond given by a compensated surety to insure faithful performance of the principal contractor.
   ALLEN, J.

A compensated surety executed a bond obligating the surety to indemnify the obligee against any loss or damage directly arising from the failure of the principal to faithfully perform his contract to erect a public school building. The principal cnotractor having abandoned performance of the contract, suit was brought upon the bond against the surety by a party who furnished to a material man all the steel building material, cut according to the specifications of the contract, which went directly, substantially without further fabrication, into the construction. Held, that under Sections 2365-1 to 2365-4 inclusive of the General Code, the plaintiff has an action upon the bond.

Judgment affirmed.

Marshall, CJ., Day, and Kinkade, JJ., concur.  