United States of America, Intervenor v. Trinity Universal Insurance Company

HUTCHESON, Chief Judge.

This appeal is from a judgment, 1 based on a stipulation of facts 2 with exhibits attached, in favor of appellee, the surety on a government construction contract awarding it custody, control and payment of a treasury check for $5259.31, payable to Harry B. Gay, the contractor, and representing the balance due under the contract.

Appellant, insisting that the judgment was wrong and must be reversed, presents two questions for decision. 3

In support of its contention that the first question requires an affirmative answer, the United States, invoking the rule prevailing in…