United States Ex Rel. Purity Paint Products Corp. v. Ætna Casualty & Surety Co.

HINCKS, District Judge.

The Heard Act was enacted in 1894, 28 Stat. 278, 40 U.S.C.A. § 270. It provided that every formal contract for the construction of a public building should be supported by a single bond conditioned upon due performance and upon prompt payment by the contractor or contractors of “all persons supplying him or them with labor and materials in the prosecution of the work provided for” in such contract. The Act, however, contained no other language (than that just quoted) to indicate whether liability under the bond should attach when material was “furnished” by delivery at…