COVE IRR. DIST. v. AMERICAN SURETY CO.

No. 5861.

35 F.2d 933 (1929)

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

Circuit Court of Appeals, Ninth Circuit.

November 18, 1929.


Attorney(s) appearing for the Case

Brown, Wiggenhorn & Davis, of Billings, Mont., for appellant.

Sterling M. Wood and Robert E. Cooke, both of Billings, Mont., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


DIETRICH, Circuit Judge.

On September 28, 1922, the appellant, Cove Irrigation District, a Montana public corporation, entered into a contract with Schlueter Bros., called the contractor, by the terms of which the contractor was to do the work and furnish the materials necessary for certain improvements in the appellant's irrigation system. The contract provided that, "in consideration of the contractor doing such work and furnishing such materials and paying for...

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