Holland Page and Continental Casualty Company v. H. T. Bailey

TUTTLE, Chief Judge.

This is an appeal from a judgment by the trial court, sitting without a jury, in which the appellee, Bailey, obtained a judgment against Page and Page’s bonding company on a government contract under the Miller Act, 40 U.S.C.A. § 270a et seq.

Although the facts are somewhat complicated, our disposition of the case makes possible a short statement of those essential to our decision.

The two parties entered into an oral contract on February 28, 1956, under which Page agreed to bid on a government contract on Matagorda Island, Texas, and Bailey agreed to do the work. Page was…