McCrary v. United States Fidelity & Guaranty Co.

WYCHE, Chief Judge.

This is an action brought on June 9, 1952 by W. H. McCrary doing business as McCrary Automatic Sprinkler Company against United States Fidelity and Guaranty Company alone as surety for the prime contractor on a payment and performance bond issued by the defendant in Arkansas on October 26, 1949 on a construction project. It came on to be heard by me without a jury on the 24th of February, 1953.

Pursuant to the provisions of Rule 52 (a), Rules of Civil Procedure, 28 U.S.C.A., I find the facts specially and state my conclusions of law thereon as follows:

Findings of Fact

There…