Board of Education v. Leary
Court of Appeals for the Eighth Circuit
Petition to Revise Order, Appeal from, and in Error to the District Court of the United States for the District of Utah; Tillman D. Johnson, Judge. ' v Petition by William H. Leary, trustee in bankruptcy, of the Wright-Osborn Company, a corporation, bankrupt, against, the Board of Education of Sale Lake City, Utah, and another. A summary order of the referee was confirmed by the District Court on petition for review, and defendants petition to revise, appeal, and bring error.
1Opinion of the Court
VAN VALKENBURGH, District Judge.
July 1, 1912, the Board of Education of Salt Lake City, Utah, contracted with Wright-Osborn Company, a corporation, to install a heating and ventilating system in the Salt Lake High School Building for the sum of $53;789. The contractor furnished to the Board of Education a performance bond with Fidelity & Deposit Company of Maryland as surety. The written contract between the parties contained the following among other provisions :
“Should the contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the…
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