United States ex rel. W. E. Foley & Bro. v. United States Fidelity & Guaranty Co.

SWAN, Circuit Judge.

This case was tried under a stipulation waiving a jury and also waiving the making of findings of fact and conclusions of law by the court. The district judge, however, wrote an opinion, reported in D.C., 28 F.Supp. 443, in which the facts are sufficiently set forth. They need not be repeated here.

The subcontractor (for brevity referred to as Foley) was charged by Fiurnara with two types of breach of contract: (1) Refusing to do certain items of the work required by the terms of the contract; and (2) failure to pay certain materialmen from whom Foley obtained supplies and…