United States ex rel. Briscoe v. City Trust, Safe Deposit, & Surety Co.
United States ex rel. Briscoe v. City Trust, Safe Deposit, & Surety Co.
Opinion of the Court
delivered the opinion of the Court:
In this case, as in that of United States use of Chapman v. the same appellee, just decided [ante, 153], the controversy arises with reference to a precisely similar dredging contract. 'The question is whether, when a dredging machine has been taken to the place where the dredging is to be performed, and it fails to work properly in consequence of imperfect or impaired machinery, a person who makes repairs on the machinery is entitled, under the act of Congress of August 13, 1894, to hold the surety upon the contractor’s bond liable for the cost of such repairs.
The trial court held the appellee to be not liable, and we think that its decision was right. The judgment appealed from will be affirmed, with costs; and it is so ordered.
Affirmed.
Reference
- Full Case Name
- UNITED STATES to the use of BRISCOE v. CITY TRUST, SAFE DEPOSIT, AND SURETY CO.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Government Contractors’ Bonds, Actions upon; Materialmen. One who, at the request of the contractor, makes repairs to a dredging machine employed in the performance of a government contract, cannot recover for the cost of making such repairs from the sureties, on the contractor’s bond given under the act of Congress of August 13, 1894 (28 Stat. at L. 278, chap. 280, U. S. Comp. Stat. 1901, p. 2523). (Following United States use of Chapman v. City Trust, S. D. & Surety Co. ante, 153.)