American Surety Co. Of New York v. Brummel

HUXMAN, Circuit Judge.

The sole question ip this, case is whether a claim for rentals due for equipment rented by a contractor and used in fulfillment of a construction contract falls within the provisions of a surety or payment bond given by a surety company to guarantee performance of the contract.

The condition of the bond is ' that, “ * * * if the said principal- or subcontractors of said-principal shall pay. ail indebtedness incurred for supplies, material or labor furnished; used or consumed in connection with or in or about the construction or making of the above described improvement,…