Shelt Co. v. Simiele Construction Co.

The construction company contracted with the city of Lockport, N. Y., for a public improvement and gave a performance bond with the National Casualty Company as surety. The plaintiff furnished materials to the construction company and filed mechanics’ liens therefor. The construction company secured the discharge of the liens by filing another bond of the National Casualty Company.

This action is brought by the plaintiff lienor to establish its claim and for judgment against the construction company and the National Casualty Company therefor. No judgment or recovery is sought against the city…