Brogan v. National Surety Co.
Annotate this Case
246 U.S. 257 (1918)
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U.S. Supreme Court
Brogan v. National Surety Co., 246 U.S. 257 (1918)
Brogan v. National Surety Company
Argued January 30, 31, 1918
Decided March 4, 1918
246 U.S. 257
The Act of August 13, 1894, c. 280, 28 Stat. 278, and the bond given under it, must be construed liberally for the protection of the who furnish labor or materials in the prosecution of public work.
The act is not limited in application to labor and materials directly incorporated into the public work. The amendment of February 24, 1905, c. 778, 33 Stat. 811, does not change it in this respect.
Where, because of special circumstances, it was clearly indispensable to the prosecution of a public work that the contractor supply board to the laborers, and board was so supplied, exclusively in the work, the price being deducted monthly from their wages, held that groceries and provisions furnished the contractor and so consumed by the laborers were materials used "in the prosecution" of the work within the meaning of the aforesaid acts and the bond given to secure the contract.
In the absence of special circumstances making the boarding of the men a necessary and integral part of the work, as where a contractor runs a boarding house as an independent enterprise, for profit, the case would be outside the statute.
228 F. 577 reversed.
The case is stated in the opinion.