BILL CURPHY CO. v. ELLIOTT

No. 14259.

207 F.2d 103 (1953)

BILL CURPHY CO. v. ELLIOTT et al.

United States Court of Appeals Fifth Circuit.

September 9, 1953.


Attorney(s) appearing for the Case

Curtis White, Dallas, Tex., and William R. Sarsgard, Fort Worth, Tex., for appellant.

Charles Stephens, J. A. Gooch, E. G. Aycock, Fort Worth, Tex., Walter A. Cober, Grand Prairie, Tex. (Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., of counsel), for appellees.

Before HOLMES, BORAH, and RIVES, Circuit Judges.


BORAH, Circuit Judge.

This case presents two questions: (1) whether a surety on a performance bond, which guaranteed the completion of a subcontractor's share of a public works contract can be held liable upon default of the obligee of the bond in excess of the face amount of the bond and, (2) whether a claim for money loaned a subcontractor for payment of labor and materials is within the coverage of a contractor's bond conditioned upon payment to all persons supplying...

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