United States v. Citizens & Southern National Bank

BOREMAN, Circuit Judge:

This action was brought under the Miller Act, 40 U.S.C.A. § 270b, by Unit*475ed States of America, for the use and benefit of Shields, Inc., and Colonial Linoleum and Tile Company, hereinafter referred to as plaintiffs,1 against Ray M. Lee 2 and his surety to recover damages of $50,319.34 for an alleged breach of a certain contract and the unpaid balance of $34,666.34 due on the contract. Lee admitted liability for the unpaid contract balance and paid that sum into the court on November 5, 1963, but denied any liability for breach of contract.

The case was tried by the…