60 Ind. App. 507 | Ind. Ct. App. | 1915
The substantial averments of the complaint and the court’s special findings show the
In arriving at the true intent of the parties to this bond, we are not warranted in looking to discon
We find no error in the record, and are convinced therefrom that a correct result was reached. Judgment affirmed.
Note. — Reported in 110 N. E. 222. On tlie nature of labor or materials which will support an action on a contractor’s bond, see 43 L. R. A. (N. S.) 162; L. R. A. 1915 F 951. As to the right of one furnishing labor or material to sue on a bond given by the contractor to the owner, see Ann. Cas. 1916 A 754. As to the validity of a contract made by a public officer with himself, see Ann. Cas. 1912 A 867; Ann. Cas. 1916 A 237. See, also, under (1) 5 Cyc 754, 757; (2) 37 Cyc 235; 37 Cyc Ann. 235; (4) 29 Cyc 1435.