Old Colony Trust Co. v. Kurn

This appeal is to reverse a judgment for $12,279.29, found to be the value of work and materials furnished by Republic Creosoting Company, a sub-contractor, to Great Lakes Construction Company, the prime contractor, in the construction of the Post Office Building at Eighteenth and Market Streets in St. Louis, Misouri. Republic intervened in the action souri. t by another materialman under the Heard Act, 40 U.S.C.A. 270, against the bond supplied by Great Lakes as principal and several companies appellants as sureties pursuant to the terms of that statute. Republic originally had a sub-contract with Great Lakes to furnish the work and material to complete the wood flooring in the building for $32,500, but on the trial to the court without jury it was held that Republic had been prevented from the performance of its contract without its fault and that Great Lakes had breached it and the judgment for recovery on the bond was on the quantum meruit. A counterclaim for damages asserted by Great Lakes for alleged breach of the contract by Republic was dismissed.