Bessemer Coke Co. v. Gleason

Citations

• 223 Pa. 84
• 72 A. 257
• 1909 Pa. LEXIS 480

Syllabus

<p>Principal and surety — Building contract — Overpayments.</p> <p>1. The surety upon a contractor’s bond is entitled to stand upon the terms of the contract, precisely as they were when he agreed to become responsible for its performance.</p> <p>2. An essential part of a building contract required that fifteen per cent of the amount due thereon should be retained until final settlement. Where the obligee, in disregard of this requirement, overpaid the principal, he cannot recover the amount of such overpayment from the surety upon the bond.</p>