Board of Public Education v. Aetna Casualty & Surety Co.

Harrington, J.,

delivering the opinion of the Court:

The important question for us to determine is whether the cost of lumber which was used for scaffolding, but which was not actually incorporated in the building erected by the contractor, is covered by his bond.

The bond in question was executed pursuant to the provisions of Chapter 224, Vol. 29, Laws of Delaware, and provides for the payment of all lawful claims of “material men and laborers for labor performed, and materials furnished in the carrying forward, performing or completing” of the contract referred to in it.

It thus appears that…