First Baptist Church v. Hendricks

Citations

• 107 Miss. 267
• 65 So. 244

Syllabus

<p>1. Principal and Stxkety. Liability of surety. Breach by principal. Action against surety. Evidence.</p> <p>Where a written contract was made providing that the principal should personally superintend the construction of a building at a per diem, rate, with authority to contract for labor and materials, subject to the approval of the building committee and to push the work to completion, without employing any assistant, under which payment for wages were to be made to him weekly, and the principal gave a bond conditioned to well and truly perform and complete such contract and to indemnify the committee against the expenditure of more than $6900, and after the principal had superintended a large part of the work and purchased most of the material, he left and placed an employee in charge, who continued the work under his instructions by letter; and to this arrangement the building committee though knowing of it, did not consent, supposing the absence of the principal was temporary and continued to make its checks for wages payable to the principal and the building, when completed, exceeded the fixed cost, in such case the contract was breached and the sureties were liable on their bond.</p> <p>2. Principal and Surety. Action against surety. Evidence.</p> <p>In such case the exclusion of evidence .as to expenditures while the principal was absent was error.</p>