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BEVARD v. NEW AMSTERDAM CASUALTY COMPANY

Nos. 1946, 1947.

132 A.2d 157 (1957)

Samuel S. BEVARD and Mary E. Creman, trading as Silver Hill Sand and Gravel Company, Appellants, v. NEW AMSTERDAM CASUALTY COMPANY, a corporation, Appellee. Vincenzzo G. CAVALIN, Jack Cusin and Louis Cusin, trading as A. C. Cement Finishing Contractors, Appellants, v. NEW AMSTERDAM CASUALTY COMPANY, a corporation, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided June 5, 1957.

Attorney(s) appearing for the Case

Bernard J. Hammett, Washington, D. C., with whom W. Byron Sorrell, Cullen B. Jones, Jr., and Gerard P. Fleischut, Washington, D. C., were on the brief, for appellants.

Kahl K. Spriggs, Washington, D. C., for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

These appeals present the question whether appellants, who supplied labor and material to a contractor engaged in constructing a large warehouse and who were not fully paid therefor by the contractor, have a right to sue the surety on a bond given by the contractor to the owners of the warehouse. The contract price for the warehouse was $129,000 and the bond was in the same amount. The condition of the bond was:

"That if the Principal...

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