United States Fidelity & Guaranty Co. v. Butcher

The action is by materialmen against the surety on a contractor’s bond, given for the faithful performance of a contract made with the board of education of the city of Birming. ham for the construction of a public building known as “Washington School.”

The bond, by its terms, secures the payment of claims for labor and material furnished directly to the contractor. General Acts 1927, p. 37.

The one. question presented on appeal is whether the surety is entitled to have certain payments made by the contractor to these several materialmen applied in exoneration of the surety pro tanto. Such…