Legal Opinion

American Surety Co. of New York v. United States ex rel. Barrowagee Laboratories, Inc.

Court of Appeals for the Fifth Circuit

Decided March 12, 1935No. 7534PublishedCited by 12 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The American Surety Company, as surety on the bond of a contractor for public work of the United States under 40 USCA § 270, the work being the construction of gravel roads, was held liable to pay Barrow-Agee Laboratories, Inc., for services in inspecting and testing the gravel used, and appeals. The bond as required by the statute is conditioned for the performance of the contract and for the prompt páyment of all persons supplying the contractor with labor and materials in the prosecution of the work. "The contract calls for the material to be a mixture of clay, sand,…

2Cases cited7 opinions

  1. Brogan v. National Surety Co.Supreme Court of the United States · 1918
  2. Mining Co. v. CullinsSupreme Court of the United States · 1881
  3. Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
  4. Bankers' Surety Co. of Cleveland v. MaxwellCourt of Appeals for the Fourth Circuit · 1915
  5. Breeding v. MelsonSupreme Court of Delaware · 1927

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. J. J. Henry Co., Inc. v. The United StatesUnited States Court of Claims · 1969
  2. National State Bank of Newark v. Terminal Const. Corp.District Court, D. New Jersey · 1963
  3. W. Harrison Price v. H. L. Coble Construction CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. United States ex rel. Farwell, Ozmun, Kirk & Co. v. Shea-Adamson Co.District Court, D. Minnesota · 1937
  5. United States ex rel. Olson v. W.H. Cates Construction Co.Court of Appeals for the Eighth Circuit · 1992

7 more not listed; retrieve them via the Exa API.

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