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EARLY & DANIEL CO. v. AMERICAN SURETY CO. OF NEW YORK

No. 2325.

5 F.2d 670 (1925)

EARLY & DANIEL CO. v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fourth Circuit.

April 14, 1925.

Attorney(s) appearing for the Case

Clinton K. Hughes, of Asheville, N. C. (Frank Carter, of Asheville, N. C., on the brief), for appellant.

Julius C. Martin, of Asheville, N. C. (Martin, Rollins & Wright, of Asheville, N. C., on the brief), for appellee.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

In October, 1922, the Luck Company contracted with the state highway commission of North Carolina to furnish all labor and material and construct a road known as project No. 888. To secure the performance of the contract the contractor and the American Surety Company gave a bond which contained a provision that the contractor should "well and truly pay all and every person furnishing material or performing labor in and about the construction...

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