MARYLAND CASUALTY CO. v. GOTTSCHE

No. 4967.

18 F.2d 582 (1927)

MARYLAND CASUALTY CO. v. GOTTSCHE.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1927.


Attorney(s) appearing for the Case

Wm. H. Watkins, of Jackson, Miss. (Watkins, Watkins & Eager, all of Jackson, Miss., on the brief), for appellant.

Miss E. S. Babendreer, of Ocean Springs, Miss., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

By the decree in this case the surety on a bond given by one who contracted with Jackson county, Mississippi, to construct a highway in that county, was held liable for the price or value of animal food sold to the contractor and used by him as food for animals used in doing grading work on the highway which was the subject of that contract. Included in the condition of the bond was the provision that the principal "shall pay * * * all persons...

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