Fidelity & Deposit Co. of Maryland v. Claiborne Parish School Board

DAWKINS, District Judge.

The allegations of the petition in this ease were fully stated in the opinion filed herein on January 25, 1926 [11 F.(2d) 404], passing upon the plea to the jurisdiction and the motion to dismiss. The answer, in substance, admits the contract and its performance by the contractor, Ben F. Casey, as well as payment to the Planters’ Bank of Haynesville, La., of $12,642.59, balance of the contract price, all as alleged, but in justification thereof avers that the defendant school board recorded its acceptance of the completed building in the mortgage office of Claiborne…