McVICAR, District Judge.
The facts are fully stated in the Findings of Fact. From the facts found, it appears that the Middle West Construction Company entered into a written contract with the City of Pittsburgh, January 29, 1939, for the construction of a relief sewer in the Columbus Avenue Drainage Basin.
The contract provides, inter alia, that the contractor furnish all work and materials necessary for the performance of the contract and promptly pay for...
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