SHANNON, J.
This is an appeal on questions of law from a judgment of the Court of Common Pleas in favor of plaintiff, appellee herein, against defendant, appellant herein, in an action on a bond executed pursuant to Section 153.01 et seq., Revised Code.
The facts stipulated upon trial below disclose that:
1. The action was on an account for work performed as a subcontractor to the general contractor, which was adjudicated a bankrupt January...
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