Shaner v. Swind

BIGGS, Circuit Judge.

George W. Shaner & Sons, a copartnership, one of the appellants herein, entered into a contract to build a mental hospital at Lakewood, N. J., with Camden County, the State of New Jersey, and gave bond as required by statute (chapter 75, p. 203, Laws 1918, New Jersey, as amended by P.L.1920, p. 243 [Comp.St.Supp.1924, §§ 107—149C(1) to 107—149C(4)]). Under the bond and pursuant to the statute the obligee was bound for the payment by all subcontractors for all materials “used •in” the construction of the hospital. Shaner & Sons entered into a contract with David Lupton’s…