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THE CENTURY INDEMNITY COMPANY v. UNITED STATES

No. 12947.

236 F.2d 752 (1956)

THE CENTURY INDEMNITY COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 9, 1956.

Attorney(s) appearing for the Case

Mr. Alexander M. Heron, Washington, D. C., with whom Messrs. Joseph A. Carey and Donald S. Dawson, Washington, D. C., were on the brief, for appellant.

Mr. John G. Laughlin, Jr., Atty., Dept. of Justice, with whom Messrs. George S. Leonard, Acting Asst. Atty. Gen., Oliver Gasch, U. S. Atty., and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellee.

Before PRETTYMAN, WILBUR K. MILLER and FAHY, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

In the Government's suit against Century Indemnity Company to recover $34,867.87 allegedly due from it as surety for Spencer Wire Company on an advance payment bond, the District Court awarded judgment for the amount claimed. The surety appeals.

By a contract dated February 9, 1942, Spencer Wire Company agreed to manufacture and sell to the United States a quantity of wire rope at a total price of $581,405.00, delivery to be...

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