Bartles-Scott Oil Co. v. Western Surety Co.

This appeal from a judgment following an order overruling defendant’s demurrer to the complaint, presents the single question as to whether lubricating oil used by a steam engine in the gravel pit, and gasolene and lubricating oils used by motor trucks in transporting the gravel to its place in embankment are “materials under or for the purpose of the contract” within the meaning of a public contractor’s bond using that language and given to secure the performance of a contract for the construction of a public highway.

In these days when public works could not go on as they do without the aid…