City of St. Louis ex rel. Atlas Plumbing Supply Co. v. Aetna Casualty & Surety Co.

Section 100.050 of the Revised Code of the City of St. Louis requires that the performance of all contracts made by the Board of Public Service shall be secured by sureties qualified in the manner stated in the section. The conditions of the undertaking by the surety as set forth in Section 100.130 are (1) the faithful performance by the principal obligor of all the terms of the principal contract and, more specifically, (2) payment “to the proper parties” of all amounts due, for, inter alia, materials employed in the performance of the principal contract. The materialman is made a…