AMERICAN SURETY CO. v. COVE IRR. DIST.

No. 5120.

24 F.2d 18 (1928)

AMERICAN SURETY CO. OF NEW YORK v. COVE IRR. DIST.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 27, 1928.


Attorney(s) appearing for the Case

Sterling M. Wood and Robert E. Cooke, both of Billings, Mont., for plaintiff in error.

W. M. Johnston and H. J. Coleman, both of Billings, Mont., for defendant in error.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.


HUNT, Circuit Judge.

The surety company asks reversal of a judgment for $4,877.99, rendered against it in an action brought by the irrigation district upon a surety bond.

On September 28, 1922, the Cove irrigation district, organized under the laws of Montana, entered into a contract with Schlueter Bros., contractors, for the construction of certain irrigation works. Contractors agreed to do the work specified and to pay the district $60,000 in cash for the...

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