Kansas City Marble & Tile Co. v. Penker Const. Co.

This is a suit under the Heard Act (40 U.S.C.A. § 270) to recover from .the general contractor and its bondsman for the value of stone furnished to a subcontractor and used in the construction of a public building. The stone was furnished by the intervening petitioner, Kansas City Marble & Tile Company, to the subcontractor, Alberene Stone Company. In order that the subcontractor might obtain payment from the general contractor, the intervening petitioner executed an instrument designated “Complete Waiver of Lien,” in which it waived and released “any and all liens, claims and right to lien…