Bragg v. Shain

Citations

• 49 Cal. 131

Syllabus

<p>Liability of Subety fob a Contbaotob.-—Where a contractor agrees the owner to erect for him a building and furnish the materials and deliver the same discharged of all liens, and by the terms of the contract the owner is to pay seventy-five per cent, of the contract price each month as the work progresses, and the other twenty-five per cent, when the work is completed, and a third person becomes surety for the contractor ; if the owner, during the progress of the work, pays the contractor more than the seventy-five per cent., the surety is discharged from his liability.</p>