Delaware Ex Rel. General Crushed Stone Co. v. Massachusetts Bonding & Ins.

LEAHY, District Judge.

This is an action to recover a sum alleged to be due for stone furnished in the construction of a certain highway. Counsel for plaintiffs did not desire a jury trial, and defendants’ counsel failed to make a proper request for a jury. The action was heard by the court, which makes the following findings of fact:

1. Defendant McDermott entered into a contract on June 29, 1939, with the Delaware State Highway Department under which he agreed to furnish all material and equipment and to perform all labor required to construct a certain highway between Harrington and Hughes…