Metropolitan Casualty Ins. v. Smith & Smith, Inc.

This action was brought to recover upon a bond given by the appellant Metropolitan Casualty Insurance Company in connection with the performance of certain road work for the Department of Agriculture. Plaintiff having recovered the full penalty of the bond, the surety company appeals from the decision.

It seems that Albert L. Smith had entered into a contract with the Bureau, of Public Roads, Department of Agriculture of the United States, for the construction of a road. A portion of this work Smith sub *700 let to Logan Bros., and another portion he sublet to Poe Bros. Smith gave a surety bond for the faithful performance of his contract with the Bureau of Public Roads wherein it was agreed that all claims for labor and material under said contract should be paid by the contractor, Albert L. Smith. He sublet a portion of this work to Logan Bros., who in turn gave him the bond upon which this action was brought to recover for the failure of Logan Bros., to complete the work they had agreed by their subcontract to perform, for which the sum of $4,661.67 was claimed. In addition thereto, appellee elaims that material and labor claims aggregating $9,748.82 incurred by Logan Bros, in…