AMERICAN SURETY CO. OF NEW YORK v. BRUMMEL

No. 4078.

184 F.2d 935 (1950)

AMERICAN SURETY CO. OF NEW YORK v. BRUMMEL.

United States Court of Appeals Tenth Circuit.

November 1, 1950.


Attorney(s) appearing for the Case

George Stallwitz, Wichita, Kan. (W. F. Lilleston, Wichita, Kan., on the brief), for appellant.

Emmet A. Blaes, Wichita, Kan., (Robert G. Braden, Wichita, Kan., on the brief), for appellee.

Before BRATTON, HUXMAN and MURRAH, United States Circuit Judges.


HUXMAN, Circuit Judge.

The sole question in this case is whether a claim for rentals due for equipment rented by a contractor and used in fulfillment of a construction contract falls within the provisions of a surety or payment bond given by a surety company to guarantee performance of the contract.

The condition of the bond is that, "* * * if the said principal or subcontractors of said principal shall pay all indebtedness incurred for supplies, material...

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