In re the William P. Bray Co.

SMITH, Chief Judge.

Petitioner for review, a creditor, attacks the award of a balance of retained funds in the hands of a city to .the surety on the bonds of the bankrupt. The bankrupt was a construction company. The surety had paid out more than the balance of the retained funds in carrying out its obligation under the completion and payment bonds of the bankrupt guaranteeing performance of two sewer contracts between the bankrupt and the city, the bankrupt having abandoned the contracts after partial completion.

There is no attack made on the referee’s finding of facts, which is hereby…