Liebman

Ben Liebman in February, 1943, entered into a contract with the United States of *351 America to construct additional housing, Oakland Municipal Airport, Alameda County, California. Pursuant to the Miller Act, 1 Ben Liebman as principal and the Massachusetts Bonding and Insurance Company as surety executed a payment bond in the amount of $35,237.00 to insure prompt payment by Liebman to all persons supplying labor and materials in the prosecution of the work provided for in said contract.

The California Electric Supply Company furnished electrical fixtures and materials in the amount of $1438.52 to BEtna Electric Company, a subcontractor of Liebman, during February, March and April, 1943, which said electrical fixtures and supplies were installed in the housing project in accordance with the terms and conditions of said government contract. The BEtna Electric Company could not pay its indebtedness, and on May 24, 1943 the California Electric Supply Company served “Notice to Withhold and Verified Claim” on Liebman, the surety and the San Francisco Office of U. S. Engineers, Construction Division, War Department, U. S. Army. At the time of the service of the notice, there was money…