United States of America, for the Use of Llewellyn MacHinery Corporation v. National Surety Corporation

TUTTLE, Circuit Judge.

The appellant here sued the defendant Surety Corporation under the Miller Act, 40 U.S.C.A. §§ 270a-270d. The Surety Corporation was surety of a prime contractor, Thomson Contracting Company which had contracted to build certain works in the Bahama Islands for the United States Government. The claim here in issue represented the value of certain construction equipment furnished by appellant under a rental agreement whereby the general contractor agreed to pay approximately $1200 per month for the use of the equipment and further agreed to “assume all responsibility for…