Fidelity & Deposit Co. of Maryland v. City of Auburn

In April 1927 the Dillon Concrete Company entered into a contract with the city of Auburn for the construction of a septic tank to be used by the city in connection with its sewer system. The contract was in the form usually used by cities, and provided that the contractor should pay for all materials purchased by him in connection with this work, and should pay the wages of all persons employed. It also provided, “The city of Auburn may withhold any and all payments under this contract until the provisions of this section have been fully complied with. ’ ’ It provided also that, on the tenth…