Miller v. Commercial Electric Construction, Inc.

Dissenting Opinion by

Packel, J.:

This appeal involves the liability of a surety on a payment bond for an obligation of the contractor to pay one of its employees one-half of its profits on a public housing project. The employee’s contract, providing for services to be performed on various jobs, called for a salary of $250 per week, which he was paid, and 50% of the profits of the employer on any job secured by the employee, which profits he was not paid. The record shows that the employee’s services in connection with the housing project amounted to some 17 weeks out of his 108 weeks of…