United States ex rel. Smith v. Maryland Casualty Co.

WALLER, Circuit Judge.

Smith, the appellant, rented four tractors and a bull dozer to Glassell-Taylor Co. & Robinson-Young, as Associated Contractors, who had a contract with the United States to do grading at the site of an ordnance plant to be constructed at Karnack, Texas. Maryland Casualty Company was surety on the construction bond furnished by the Contractors.

The contract was terminable at the option of Contractors upon notice to lessor, but they were required to redeliver equipment to lessor at the point from which it had been shipped, or at some other place no more distant than the…