BIGGS, Circuit Judge.
On January 5, 1938, the partners, now bankrupt, entered into a written contract with the Commonwealth of Pennsylvania for the construction and improvement of a section of state highway. The contract provided, "The contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that prompt payment will be made in full for labor and material used in the work."
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