Daughtry v. Maryland Casualty Co.

PARKER, Circuit Judge.

This was a suit by materialmen under a contractors’ bond. Prom an adverse decree of the court below they have appealed. The sole question presented by the appeal is whether the claims of materialmen are protected by the bond sued on. The facts are as follows:

Hudson & Scruggs, contractors, entered into a contract with the city of South Norfolk, Va., to do certain paving. The contract provided that they should furnish all the materials necessary for that purpose “at their own proper cost and expense.”' It contained a provision also that the city council might at any time…