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ROYAL SCHOOL LABORATORIES, INC. v. TOWN OF WATERTOWN

Nos. 103, 104, Dockets 29706, 29799.

358 F.2d 813 (1966)

ROYAL SCHOOL LABORATORIES, INC., Appellee, v. TOWN OF WATERTOWN and Classen P. Perkins, Appellants. TOWN OF WATERTOWN, Appellants. v. NEW ENGLAND MERCHANTS NATIONAL BANK OF BOSTON and Royal School Laboratories, Inc., Appellees.

United States Court of Appeals Second Circuit.

Decided March 14, 1966.

Attorney(s) appearing for the Case

Philip R. Shiff, New Haven, Conn., for appellants Town of Watertown, Classen P. Perkins.

Arnold J. Bai, Bridgeport, Conn. (David Goldstein, Robert S. Cooper), Bridgeport, Conn., for appellee Royal School Laboratories, Inc.

Donald Lee Rome, Hartford, Conn., for appellee New England Merchants Nat. Bank of Boston.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge:

Late in 1962 Classen P. Perkins, Chairman of the School Building Committee of the Town of Watertown, signed an agreement with Twombly Associates, Inc., a Massachusetts corporation, for the furnishing and installation of science laboratory equipment and furniture for the new town high school. The total contract price was $59,628.62. Notwithstanding a statutory requirement that a bond be obtained to protect materialmen,1

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