Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1914-08-21

tract m TINS case are that the cOutraC
tor will well and faithfully build and
construct the section Of State highway
in accordance with each and every ON
OF the conditions, agreements, terms
and provisions contained in the speci-
fications At and for a sum, equal to
the aggregate price Of the work, labor
materials and supplies done or furnish
ed at the prices and rates named there.
for in tile proposal attached thereto.
The bond was filed and given accord
ing to the terms Of the contract, and
the single question in the case, is this:
Is the surety on this bond liable for the
coal sold amp furnished this contractor,
for use in the construction Of tn. State
work, under his contract with thu
State, the contractor being insolvent
and falling to pay for il.
Looking to the contract, the bond 10
the object and purpose Of the statute
itself, we have no doubt, that the bond
was designed for tue protection Of those
who furnished material such as the
coal. in this case, and that the surety
Is liable. The contention OF the appel
liant lie. that the coal furnished by the |
appellee il this case and used in the |
engines hauling the gravel and opera |
ting the steam roller we're not materials
supplied in the construction Of the
work, within the meaning OF the stat
ute, and the surety is not liable ther
for A number Of cases in both the
Frederal and State Courts are relied
upon, in support of this contention. in
Guiding Basshor VS. b. 4 o. r. r.. 90.
Go Md. 30; Standard Oil Co. VS. Trust
Co. Il App. Cases, d. c. SIS; U. S. VS.
City Trust and Surety Co. % Appeal
Cases, d. G. 154.
The case OF Basshor vs. B. & OR.
65 Md. supra, was a suit under the
mechanics lien law. which gives a ma
terial man a lien for materials furnish
ed for or used in and about the con
struction of the building. The Court
very properly held in that case, that
there was no lien given for the ma
chinery used for the manufacture Of
the materials themselves and is clearly
unlike this case. because it rests entire
ly upon the mechanics lien law, and
that statue.
We ase not impressed by the cases
cited by the appellant to sustain his
position, and are not prepared to fol-
low them as decisive Of this case.
While there appears to be some con-
liict u the various jurisdictions in the
conjunction Of both the Federal and
stat statutes, relating to mechanics
liens ane contractors bonds. we are sps-
taiDed IN the conclusion reaohed ~ tb;s
case, ~ long line of well considersd
case "Siuoreu
Ia the City Trust and surety a.
United sslfes, 147 Federal feporter
l55. the 'rrrt held, that a Federal
.fofttta ~ ! IA ,...nsr,1 . ,.-..a....Al.-
for government work to give bond con-
litioned that he will promptly make
payment to all persons supplying labor
and materials 10 the prosecution Of the
work provided for in the e,ntract. was
broad enough to include within the
election OF a band SO conditioner one
Who supplies coal to the contractor
which is used t. operate hosting or
pumping engines employed in the work
The Supreme Court OF New York 10
Zipp VS. Fidelity sni Deposit Co. ~
App. Div. 20, rsaclis the same cnnclu-
sion, as to coal used i, driving the Gu
gines for excayating rock and pumping
water, under a New York statute. and
said The coal used entered into the
execution of the agreement ana formed
a part of the value Of the work done as
much as the labor Of the masons or of
the men who aided in hoisting the
stones into position to make up the
wall. The materials need not be a per-
manent constituent of the structure it.
self, but must be necessarily incident
to the execution OK the agreement to
come within the purview OF the deten-
dant's. aud the coal consumed in carry
ing on the work is of that character.
In Title Guaranty & Trust Co. VS.
Crane Co. 2l9 U. S "A, the Supreme
Court, held, that claims for carriage and
towage to The place where vessel is
building for the United States and for
patterns furnished TO the moIding de-
partment of the builder are within the
obligations Of the latters bond given
conformably to an Act Of Congress.
for the protection of laborers and ma
terialmen.
The cases of United States VS. Ameri-
can Surety Co. 200 Z. S. 1871; United
states VS. Perth Amboy Shipbuilding
and Engineering Co. 1877 Fed. R. $50;
American Surety Co. VS. Lawrence
vile Cement Co. 10 Fed. III; Empire
State VS. Des Moine, 1872 Iowa 553. are
to the like effect. and in point here.
In Cement Co. ITO Federal, supra, it
was distinctly held, that the Act of
Congress and the bond given under il
are susceptible of a more liberal con-
struction than the lien statutes Of the
states and they should receioe 1t.
But apart from the adjudged cases
upon this subject, we think, that the
coal supplied in this case was within
the terms of the contract, and within
the protection of the Act. Coal was
required for use in the engines and in
the operation of the steam roller and
is within the terms and meeting of the
statute.
I Act of 1910, Chap III, page 29s.
Greenway vs. Turner, 4 nd 296.
1t is admitted, that the coal was fur
nished the contractor in the work
which the surety bonded and guar an.
teed and it was therefore "a Just debt
for labor and material incurred by The
bidder the contractor) ia the eonsti ne
tion and improvement ut of the road con-
tracted for.
Md Brick Co. VS. Spilman, rs Nd. 335.
Treusch VS. Shryoek, 81 Md. 173.
We think, the legislature clearly In
tended in providing contract and a
bond in cases of this kind, to protect
all persons who furnish labor, supplies
and material, such as coal; at least.
which are used, and are required. in
the construction and Improvement Of
the so-called State roads, being built
by the State. Ne contine our decision,
however, to the facts now before us in
this case. and hod; that the coal fur
nishad the contractor and used on the
State road is covered by the statute and
that the surety is liable on the bond
given by the contractor. 1t follows,
that the case was rightly decided by
the Justice Of the Peace, and the jndg-
meut rendered by him, will be AHMED.
with costs. The Clerk will so enter
I the judgment.