United States ex rel. Thomas Laughlin Co. v. Morgan

Citations

• 111 F. 474
• 1900 U.S. App. LEXIS 5258

Syllabus

<p>1. Contracts for Government Work—Bonds of Contractor—Claims Secured.</p> <p>The surety in a bond given by a contractor for government work, conditioned as required by Act Aug. 13, 1894 (28 Stat. 278), to secure the payment of all persons supplying the contractor “labor and materials in the prosecution of the work,” is liable, in favor of one supplying materials, for the price of materials so furnished which actually entered into the work, together with the expense of transporting the same to the ■ place where the work was being done, paid by the claimant, which may properly be considered as a part of the price; also for materials used in the construction of false works- necessary in the performance of the contract; but he is not liable for repairs or equipment furnished for a steam launch owned and used by the contractor to transport supplies, nor for materials for the construction of dump cars, tracks, derricks, storage sheds for materials, or other similar structures or appliances used by the contractor, or tools for use by the workmen.</p> <p>2. Payments—Application as between Creditor and Surety.</p> <p>Where plaintiff supplied materials to a contractor for government work, for a part of which he was protected by the contractor’s bond, and for part of which he was not, as between him and the surety on such bond payments made on account generally by the contractor should be applied to the payment’ for materials furnished and charged prior to the dates of such payments.</p>