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MARTIN v. NATIONAL SURETY CO.

No. 10536.

85 F.2d 135 (1936)

MARTIN v. NATIONAL SURETY CO. et al.

Circuit Court of Appeals, Eighth Circuit.

August 12, 1936.

Attorney(s) appearing for the Case

Richard S. Bull, of St. Louis, Mo. (Carter & Jones, of St. Louis, Mo., on the brief), for appellant.

J. H. Cunningham, Jr., of St. Louis, Mo. (Otto O. Fickeissen, Banister, Leonard, Sibley & Susman, Blackinton, Reid & Harris, David K. Breed, Felix Cornitius, Cullen, Fauntleroy & Edwards, Curlee & Teasdale, and Sam M. Degen, all of St. Louis, Mo., Roscoe Forth, of Granite City, Ill., and Greensfelder & Grand, Herbert F. Hahn, Frank H. Haskins, Igoe, Carroll, Higgs & Keefe, Wm. T. Keil, J. E. King, Rassieur, Kammerer & Rassieur, E. H. Schwarzenbach, and Frank A. Zeis, all of St. Louis, Mo., on the brief), for appellees.

Before GARDNER and SANBORN, Circuit Judges, and NORDBYE, District Judge.

SANBORN, Circuit Judge.

Albert C. Tobin (hereinafter referred to as the contractor) on February 12, 1932, entered into an agreement with the United States to construct a post office building at Carlinville, Ill. The contract price of $49,500 was to be paid as the work progressed, upon monthly estimates, subject to a deduction of 10 per cent. to be retained by the government until the completion and acceptance of the work. The contractor's bond was written by the National...

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