United States ex rel. Tennessee Producers' Marble Co. v. Empire State Surety Co.

Citations

• 197 F. 429

Syllabus

<p>1. United States (§ 67*) — Contractors’ Bonds — Action fob Benefit ot Subcontractor — Defenses.</p> <p>In an action by one furnishing material to a subcontractor for a government building, on the bond of the principal contractor conditioned as required by Act Feb. 24, 1905, e. 778, 83 Stat. 811 (U. S. Comp. St. Supp. 1911, p. 1071), to recover a balance due for sueh material, the surety or the bond cannot set oft a claim for damages alleged to have been sus tained by the subcontractor because of plaintiff’s delay in furnishing the material, where no such claim was made by the subcontractor itself which accepted and used the material and later promised to pay for the same.</p> <p>[Ed. Note. — For other eases, see United States, Cent. Dig. § 50; Dec. Dig. § 67.*]</p> <p>2. United States (§ 67*) — Contractors’ Bonds — Action for Benefit of S U B CONTRACTOR-DEFENSES.</p> <p>In an action by a subcontractor on a government building against the surety on the bond of the principal contractor under x\\ct Feb. 24, 1995, c. 778, 33 Stat. 811 (U. S. Comp. St. Supp. 1911, p. 1071), where one who furnished material to such subcontractor joins in the ad ion and is a< ■ judged entitled to recover a balance due therefor, defendant is entitled to a deduction of the.amount of such recovery from the amount which would otherwise be recoverable by the subcontractor.</p> <p>[Ed. Note. — For other cases, see United States, Cent. Dig. § 50; Dee. Dig. § 67.*]</p>