Opinion
No. 4967.
April 15, 1927.
Appeal from the District Court of the United States for the Southern District of Mississippi; Edwin R. Holmes, Judge.
Suit by A.C. Gottsche against the Maryland Casualty Company. Decree for plaintiff, and defendant appeals. Affirmed.
Wm. H. Watkins, of Jackson, Miss. (Watkins, Watkins Eager, all of Jackson, Miss., on the brief), for appellant.
Miss E.S. Babendreer, of Ocean Springs, Miss., for appellee.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
By the decree in this case the surety on a bond given by one who contracted with Jackson county, Mississippi, to construct a highway in that county, was held liable for the price or value of animal food sold to the contractor and used by him as food for animals used in doing grading work on the highway which was the subject of that contract. Included in the condition of the bond was the provision that the principal "shall pay * * * all persons furnishing said principal with material and labor in the course of the performance of said work."
Under a Mississippi statute such a bond is enforceable for the benefit of persons supplying to the contractor labor or material for the work contracted for. Laws Miss. 1918, c. 217. Decisions of the Supreme Court of Misissippi are to the effect that the surety on such a bond is liable for the feed for the mules and the coal, gasoline, and oil used by the contractor in operating machinery to perform such contract. McElrath Rogers et al. v. W.G. Kimmons Sons et al. (Miss.) 112 So. 164; Standard Oil Co. v. National Surety Co. (Miss.) 107 So. 559. The above-mentioned ruling was in accord with the decisions cited, and was not erroneous.
The decree is affirmed.