Westinghouse Electric Supply Co. v. Burgess

There are no exceptions to tbe facts found by tbe court below and there is no real controversy in respe.ct thereto. Tbe plaintiff only challenges tbe correctness of tbe legal conclusion drawn therefrom.

While tbe court below found tbat all of tbe materials which were delivered to tbe projects by tbe plaintiff were actually incorporated in tbe projects tbis fact was denied by tbe surety. Upon tbat ground it disclaimed any liability therefor. Tbe result of tbis dispute was tbe release agreement wbicb controls tbe merits of-tbis controversy.

Hence, tbe question posed for decision is tbis: Did tbe…