277 F. 945 | 4th Cir. | 1921
In this suit on a contractor’s bond, two subcontractors, I,. R. Connett and the Delaware Dredging Company, filed petitions of intervention. Judgments having been rendered in their favor iti the court below, defendants brought the case here on
As to Connett’s claim these facts appear: In March, 1915, D. L. Taylor & Co., a partnership, entered into contract with the United States for the construction of a breakwater and shore connection at Cape Lookout, N. C. The Fidelity & Deposit Company of Maryland became the surety on their bond, which was conditioned for the due performance of the contract and “full payments to all persons supplying them labor or materials in the prosecution of the work provided for in said contract.” , \
It is evident from the testimony, and all parties must have understood, that the large amount of stone required, nearly a million and a quarter tons, could not be procured, except at á considerable distance from the site of the breakwater. The stone was in fact brought by rail from the quarry to Morehead City, where it was transferred to scows and towed to destination. It is not open to serious doubt that this was the most feasible arrangement which the conditions permitted. Taylor & Co. contracted with one Seely to do portions of the work, including the furnishing of scows to transport the stone. Seely rented four scows from Connett, and the latter’s claim is for the agreed hire of the same and other obligations connected with their use.
As allowed by the trial court, this claim consists of five items, namely, hire of scows, $4,599.50; towing same, $1,519; repairs of damages to the scows, $1,795.25; wages paid to captains, $194.48; and use of scows by Taylor & Co., $284—or a total of $8,392.21, with interest thereon from July 8, 1918.
For reasons which may here be omitted, Connett paid the towing hills, amounting to $1,519, and also the wages of the captains, amounting to $194.48; it is not disputed that Seely owes him those amounts. Two of the scows were damaged while in Seely’s possession, and the necessary repairs cost, or were estimated to cost, the sum of $1,795.23. The reasonableness of these charges is not questioned, or the liability of Seely therefor under the terms of his contract with Connett.
How long it took to tow the scows to Morehead City, or when they arrived there, is not shown. It appears, however, that they were not employed in transporting stone to the breakwater until about the 26th of June, and so defendants say that they were not in use prior to that date. But Seely testified that they were used, presumably before, to carry materials for a mile or thereabouts of railroad track, which had to be built in order to get the stone to the pier, where it was transferred to the scows. The time consumed in this service is not disclosed.
About the 21st of September, for reasons which are only inferable, vSeely “threw up the job” and turned over his equipment to Taylor & Co. This is the breach of contract alleged by defendants. Connett was notified by wire, and immediately sent a Mr. Allen to look after his interests. The latter testified that when he got there the scows were in possession of Taylor & Co. and that they voluntarily surrendered them to him as Connett’s representative. The record is extremely meager and indefinite as to what then occurred, hut as nearly as we can make out dispute arose as to the rental which Taylor & Co. should pay from the time the scows came inlo their possession, and for the further time the use of them was desired, as the result of which the scows were removed from the work.
“This court has repeatedly refused to limit the application of the act to labor and materials directly incorporated into the public work. Thus in Title Guaranty & Trust Co. v. Crane Co., 219 U. S. 24, 34, the claims for which recovery was allowed' under the bond, included not only cartage and towage of material, but also claims for drawings and patterns used by the contractor in making molds for castings which entered into the construction of the ship. In United States Fidelity Co. v. Bartlett, 231 U. S. 237, where the work contracted for was building a breakwater, recovery was allowed for all the labor at a quarry opened 50 miles away. This included, as the record shows, the labor not only of men who stripped the earth to get at the stone and who removed the débris, but carpenters and blacksmiths who repaired the cars in which the stone was carried to the quarry dock for shipment, and who repaired the tracks upon which the cars moved. And the claims allowed included, also, the wages of stablemen, who fed and drove the horses which moved the cars on those tracks. In Illinois Surety Co. v. John Davis Co., 244 U. S. 376, recovery was allowed not only for the rental of ears, track, and other equipment used by the contractor in facilitating his work, but also the expense of loading this equipment, and the freight paid thereon to transport it to the place where it was used. As shown by these cases, the act and the bonds given under it must be construed liberally for the protection of those who furnish labor or materials in the prosecution of public work.”
The judgment in favor of Connett will be affirmed.