Moribella v. Depew Paving Co.

The State of New York, Department of Public Works, Division of Highways, entered into a contract No. 4037 with the defendant Depew Paving Co., Inc., for the reconstruction with Federal aid of a portion of highways located in the villages of/Hamburg and Athol Springs, Erie county, N. Y., for the sum of $180,442.30, payable as specified therein. A labor and material bond and copies thereof were duly filed as provided. Such bond was issued by defendant bonding company.

The defendant Depew Paving Co., Inc., contracted with the Buffalo Slag Company, Inc., to sell and deliver to it on location…