36 F. 758 | U.S. Circuit Court for the District of Louisiana | 1888
The defendant Oliver became a successful bidder for a certain mail contract in Louisiana. The government sues to recover against defendants on their obligation, evidenced by the bond which Oliver was required to furnish to the postal department at the time he forwarded his proposal to carry the mail. The bond now sued on shows two conditions and warranties — First, that' Oliver shall in due season enter into a contract agreement with the government in accordance with his proposal; second, that, having entered into the said required agreement, “he shall perform said service according to his contract, * * * and in case of failure he and his sureties shall be liable for the amount of said bond as liquidated damages, recoverable in an action for debt on the said bond.” Defendant having fully complied with the first warranty named .in the bond, he was required by the rules of the postal department to give another or additional bond, such as is usually entered into by successful bidders for carrying the mails. This bond is given to secure the payment by the contractor of such penalties and forfeitures as may be lawfully assessed or charged to him for his failure to carry the mails, or perform ti^e service required of him under his contract. In the bond now sued on recitals appear which point out and show to all parties concerned what failures on the part of the contractor would be charged for, and how much in any given case would be charged against him by the government. On the trial of this suit it was admitted that Oliver was delinquent, and rightfully charged in the government’s account against him, $-, and that the government, in a suit, recently tried in this court, obtained a judgment against him and these same sureties for the sum charged in that account for Oliver’s failures. Notwithstanding the government has a judgment — the one just mentioned — against these defendants, it is contended that Oliver and his sureties are liable in this action for the amount of the first bond, — the one which he had signed and sent on to the department with his bid for carrying the mail, and in which it is agreed 'that, in case of the con