Opinion
March 2, 1960
Appeal from the Erie Supreme Court.
Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.
Judgment unanimously affirmed, without costs of this appeal to any party. Memorandum: We disagree with the finding of the Official Referee that the bond given by the defendant Newark Insurance Company was to cover the costs of materials only. We find it to be a performance bond indemnifying the owner of the property against damages caused by a breach of contract on the part of the contractor.