Eric Soby, D/B/A Soby Painting Co., and United States Fidelity and Guaranty Company v. Lloyd W. Johnson and Max J. Kuney, D/B/A Kuney Johnson Company
Opinion
Opinion
Hamlin, J.
In October and November, 1952, ap-pellees entered into construction contracts with the United States whereby appellees contracted to build certain buildings for the United States military. The contracts were for buildings at two locations, one at Ladd Air Force Base and the other at Eielson Air Force Base, both in Alaska. Appellees, as prime contractors, subcontracted with appellant Soby whereby Soby undertook to do the painting and other work incidental to painting on both projects. Appellant United States Fidelity and Guaranty Company (herein called Surety) was surety for Soby under both contracts.
Soby brought an action against appel-lees in the Third Division of the District Court for the Territory of Alaska under the so-called Miller Act, 40 U.S.C.A. § 270a et seq., seeking recovery for his work on the projects upon a theory of quantum meruit. He alleged appellees had used faulty material on the Ladd project, which made his work more difficult and costly and obliged him to repaint units already completed, whereby he was damaged. Appellees cross-complained, seeking damages for alleged breaches of contract by Soby on both the Ladd and Eielson projects.