J. B. McCrary Co. v. Dade County ex rel. E. I. DuPont de Nemours & Co.

Citations

• 80 Fla. 652

Syllabus

<p>1. In an action by a material man on a bond given by a contractor to the county under the provisions of Chapter 6867, Laws of 1915, who has entered into a contract for the construction of public works, neither the plea of “never was indebted” nor the plea of “never promised” is applicable where the materials alleged to have been furnished by the material man were supplied to a subcontractor.</p> <p>2. Chapter 6867, Laws of 1915, requiring that all bonds taken by the State or county for the performance of a contract for the construction of any public w'ork shall contain a provision that the contractor or contractors shall promptly make payments to all persons supplying him or them any labor or material, and further providing that suit may be brought in the name of the obligee in the bond for the use and benefit of any person, firm or corporation who shall have furnished any labor or material in the prosecution of the said work against the contractor and sureties on the bond to recover the amount due such person, firm or corporation on account of labor or materials so furnished, applies in a case where labor or materials is furnished to a sub-contractor, and in such case suit may be maintained against the contractor and sureties on the bond to recover the value of the labor and materials so furnished.</p> <p>3. The right of action provided by the statute in behalf of any person, firm or corporation supplying labor or material to a contractor or sub-contractor engaged in the construction of public works is secured only when a bond of the contractor is filed containing the additional obligations required by the statute that the contractor or contractors shall promptly make payment to all persons supplying him or them labor and material in the prosecution of the work provided for in such contract.</p> <p>4. A bond filed by a contractor who had assumed a contract for the construction of public works, which does not contain such obligation, but does contain a condition