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SEABOARD SURETY CO. v. UNITED STATES

No. 7678.

84 F.2d 348 (1936)

SEABOARD SURETY CO. v. UNITED STATES, for Use and Benefit of MARSHALL-WELLS CO. et al.

Circuit Court of Appeals, Ninth Circuit.

June 8, 1936.

Attorney(s) appearing for the Case

Harry S. Kessler, of Boise, Idaho, and William Buchholz and Martin J. O'Donnell, both of Kansas City, Mo., for appellant.

Richards & Haga and Oliver O. Haga, all of Boise, Idaho, and Merwin Rankin and Dey, Hampson & Nelson, all of Portland, Or., for appellees.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

DENMAN, Circuit Judge.

This appeal arises from a suit brought by the United States for the use of material and supply men against appellant bonding company on a bond given under the Heard Act, 40 U.S.C.A. § 270 (repealed August 24, 1935, 49 Stat. 794), to secure their payment for goods, supplies, and services. The bond was executed by one B. D. Morley as principal, and appellant as surety, for the performance of Morley's contract to build for the United States...

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