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UNITED STATES v. AMERICAN FENCE CONST. CO.

No. 24.

15 F.2d 450 (1926)

UNITED STATES, to Use of ZAMBETTI, v. AMERICAN FENCE CONST. CO. et al.

Circuit Court of Appeals, Second Circuit.

October 18, 1926.

Attorney(s) appearing for the Case

William J. Lamey, of New York City, for plaintiff in error.

Cornelius C. Beekman, of New York City (Samuel J. Rawak, of New York City, of counsel), for defendants in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

PER CURIAM.

American Fence Company agreed with the United States to erect certain walls, fences, etc. The written contract signed by Fence Company contained no specific promise on its part to pay such persons as furnished labor and material enabling it to fulfill its contract, but there is a clause obliging Fence Company to furnish a "satisfactory bond (in $5,500) insuring the fulfillment of all conditions and stipulations of this contract and covering all guaranties...

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