Houston Fire & Casualty Insurance Company v. E. E. Cloer General Contractor, Inc., and United States Guarantee Company

TUTTLE, Circuit Judge.

We have here for consideration the question whether that type of surety bond that is generally known as a performance bond, which is conditioned on the faithful performance of the principal contract requiring that the principal “furnish all materials and perform all work as described etc.,” but failing to state affirmatively that the contractor will pay for the materials so furnished, requires that such surety stand responsible for the payment of materials admittedly used in furtherance of the contract.

This case is here on appeal from a judgment given by the trial court…