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UNITED STATES v. ALGERNON BLAIR, INCORPORATED

No. 72-2443.

479 F.2d 638 (1973)

UNITED STATES of America, for the use of Coastal Steel Erectors, Inc., Appellant, v. ALGERNON BLAIR, INCORPORATED, and United States Fidelity and Guaranty Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 14, 1973.

Attorney(s) appearing for the Case

Morris D. Rosen, Charleston, S. C. (George B. Bishop, Moncks Corner, S. C., on brief) for appellant.

Herman H. Hamilton, Jr., Montgomery, Ala., and Ben Scott Whaley, Charleston, S. C. (Nathaniel L. Barnwell, Charleston, S. C., on brief) for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and CRAVEN, Circuit Judge.

CRAVEN, Circuit Judge:

May a subcontractor, who justifiably ceases work under a contract because of the prime contractor's breach, recover in quantum meruit the value of labor and equipment already furnished pursuant to the contract irrespective of whether he would have been entitled to recover in a suit on the contract? We think so, and, for reasons to be stated, the decision of the district court will be reversed.

The subcontractor, Coastal Steel Erectors...

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