United States ex rel. Wadeford Electric Co. v. E. J. Biggs Const. Co.

MAJOR, Circuit Judge.

This action was brought by the United States of America for the use of Wadeford Electric Company, (hereinafter referred to as the “beneficial plaintiff”) against E. J. Biggs Construction Company, (hereinafter referred to as the “defendant contractor”) to recover the sum of $4,340 upon a contract entered into by and between the beneficial plaintiff and the defendant contractor. The United States Guarantee Company was joined as a party defendant by reason of the fact that it' was surety for the defendant contractor. The matter was referred by the trial court to an auditor…