Municipalities — Contracts — Bonds — Bonds for labor and material furnished — Materials consumed in work.
A bond given for the construction of a sewer for a municipality provided that the principal should pay all sums of money which might be due for labor and materials furnished, supplied or performed in and about the performance of the work covered in the contract.
In an action of assumpsit on the bond by a material man it appeared that the materials furnished consisted of lumber used for forms, sheathing and shoring in connection with the construction of the sewer. None of the lumber so furnished remained in the completed structure as a component part thereof, but all of it was used up and destroyed in and about the prosecution or performance of the work, and was thereafter valueless.
Held: That the lumber so used did not become a component part of the completed structure, and, therefore, was not within the provisions of the bond.
The settled rule is that the words "material furnished" for any structure, work or improvement, apply only to such materials as enter into and become component parts of the construction, work or improvements contemplated, and do not include machinery, tools, fuel, oils or appliances used for the purpose of facilitating the work, nor does it include houses or stables used for such purpose, nor loss of time nor any other expenditure incurred for things which do not remain as a component part of the finished whole.
Argued October 17, 1928.
PER CURIAM, December 13, 1928:
The judgment is affirmed on the opinion of Judge GORDON.