Metropolitan Casualty Ins. v. United States

This is an appeal from a judgment in favor of the United States of America on a bond wherein appellant, Metropolitan Casualty Insurance Company of New York, was surety and which was given to secure the performance of the contract involved in this action.

On the 18th day of June, 1926, J. M. Bedford, doing business as Crystal Creek Logging Company, entered into a contract with the superintendent of the Klamath Indian Reservation wherein he agreed that prior to March 31, 1936, he would cut, log, and pay for certain timber upon lands described in the said contract lying within the boundaries of said reservation, the quantity of timber being estimated at 30,-000,000 feet board measure.

Bedford agreed to cut and remove not less than 5,000,000 board feet prior to March 1, 1928, and not less than 5,000,000 board feet thereafter in each twelve-month period until the area was entirely logged. The schedule of prices to be paid was incorporated in the contract and the manner in which the logging should be carried on was set forth in detail. The closing paragraph of the contract is in the following language: “It-is further understood and agreed that this contract shall be null and void and…