252 F. 122 | 8th Cir. | 1918
This is an action upon the bond of a contractor for prompt payment “to all persons supplying labor and materials in the prosecution” of a public work. Act Aug. 13, 1894, c. 280, 28 Stat. 278, amended by Act Feb. 24, 1905, c. 778, 33 Stat. 811. The contract was for the construction of a levee along the Mississippi river in Eastern Arkansas. The complaint stated that a subcontractor for a part of the work necessarily used a large number of horses and mules in hauling and dumping earth for the embankment, and that the claimant’s demand was for hay, grain, salt, and feed furnished for and consumed by the animals while so employed. The trial court held that the materials were not within the statutory bond and sustained a motion to dismiss. 236 Fed. 1006.
The following have been held included: Trucking from a steamer landing on an island where the work was to be done to the particular locality of the work. American Surety Co. v. Lawrenceville Cement Co. (C. C.) 110 Fed. 717. Coal supplied to a contractor and used to operate hoisting and pumping engines employed in the performance of a contract, for the construction of a dry dock. City, etc., Trust Co. v. United States, 147 Fed. 155, 77 C. C. A. 397. Drawings and patterns made for the contractor constructing a steam vessel for the United States, from which to make molds and castings; also towing in the delivery of materials, wharfage paid in connection with such delivery, and the local transfer or hauling of materials. Title Guaranty & Trust Co. v. Engine Works, 163 Fed. 168, 89 C. C. A. 618. The case last cited was affirmed by the Supreme Court. Title Guaranty &
“The specific objection made to the claim of the United States Equipment Company, for rental of cars, track, and equipment used at the Naval Training Station and the expense of loading the plant and freight thereon to and from the station, is also unfounded. The Surety Company contends that this is not supplying ‘labor and materials.’ The equipment was used in the prosecution of the work. Material was thus supplied, although, a loan serving the purpose, no purchase of it was made. The expense of loading and freight were properly included with the fixed rental as recoverable under the bond."
Uabor in stripping a quarry 50 miles from a breakwater under contract, transportation of the rock, labor of carpenters and' blacksmiths in repairing the cars used in the transportation and the tracks upon which the cars moved, also the wages of stablemen who fed and drove the horses which pulled the cars. United States Fidelity Co. v. Bartlett, 231 U. S. 237, 34 Sup. Ct. 88, 58 L. Ed. 200; Id., 189 Fed. 339, 111 C. C. A. 71, as explained in Brogan v. National Surety Co., 246 U. S. 257, 38 Sup. Ct. 250, 62 L. Ed. 703.
The judgment is reversed, and the cause is remanded for further proceedings in conformity with this opinion.
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