HOUSTON FIRE & CASUALTY INS. CO. v. E. E. CLOER GEN. CON.

No. 15104.

217 F.2d 906 (1954)

HOUSTON FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. E. E. CLOER GENERAL CONTRACTOR, Inc., and United States Guarantee Company et al., Appellees.

United States Court of Appeals Fifth Circuit.

December 22, 1954.


Attorney(s) appearing for the Case

J. A. Gooch, Fort Worth, Tex., for appellant.

R. F. Snakard, Fort Worth, Tex., Stone, Agerton, Parker & Kerr, Fort Worth, Tex., for appellees.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.


TUTTLE, Circuit Judge.

We have here for consideration the question whether that type of surety bond that is generally known as a performance bond, which is conditioned on the faithful performance of the principal contract requiring that the principal "furnish all materials and perform all work as described etc.," but failing to state affirmatively that the contractor will pay for the materials so furnished, requires that such surety stand responsible for the payment...

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