Westinghouse Electric Corp. v. Mill & Elevator Co.

Garfield, 0. J.

— The question presented is the liability of defendant surety on a construction bond to plaintiff-subcontractor from which defendant principal contractor purchased material in performing the contract. The answer depends on the proper construction of the contractor’s bond and the contract made part thereof. Following trial in equity, mainly on stipulated facts, judgment was entered for plaintiff against defendants’ contractor and its surety. These defendants and the owner appeal.

Plaintiff-subcontractor is Westinghouse Electric Corporation. Defendant principal contractor is Mill…