WHITAKER-MERRELL CO. v. CARL M. GEUPEL CONSTRUCTION CO., INC.

No. 71-301

29 Ohio St. 2d 184 (1972)

THE WHITAKER-MERRELL CO. ET AL., APPELLANTS, v. CARL M. GEUPEL CONSTRUCTION CO., INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 15, 1972.


Attorney(s) appearing for the Case

Mr. Joseph F. Hogan, for appellants.

Messrs. Knepper, White, Richards & Miller, Mr. John A. Jenkins and Mr. R. Douglas Wrightsel, for appellees.


SCHNEIDER, J.

Appellee Geupel was awarded a state highway construction contract and entered into a subcontract for paving with Davidson, who in turn purchased material and services from various materialmen, including Whitaker, Purdy, Basic and Standard Oil of Ohio. The latter were not paid in full by Davidson.

Whitaker sued Geupel as prime contractor, and Aetna as surety on its statutory bond, pursuant to R. C. 153.56. Geupel filed a third party complaint...

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