United States ex rel. Aucoin Electric Supply Co. v. Safeco Insurance Co. of America

WYATT, District Judge:

Safeco Insurance Company of America (“Safeco”) and Piedra Corporation (“Pie-dra”), defendants and third party plaintiffs, appeal from a judgment in favor of South Texas Electrical Contractors, Inc. (“South Texas”), a third party defendant, entered on December 10, 1975, in the United States District Court for the Southern District of Texas.

The decision below should have turned on whether Piedra had on June 18, 1973, met its contract obligations in respect of progress payments to its subcontractor South Texas; whether, if not, its failure to pay was a material breach of…