Gato v. Warrington

Citations

• 37 Fla. 542

Syllabus

<p>1. The liability of a surety is not to be extended, by implication, beyond the terms of his contract, and to the extent and in the manner pointed out in his undertaking he is bound, and no further.</p> <p>2. A contract between a builder and a mechanic required the latter, in consideration of a specified sum, to erect, finish and deliver on a date mentioned certain buildings according to given plans and specifications, and the obligation of sureties was that the mechanic would fulfill in every particular the contract and deliver the buildings at the time required in a thorough, artisan and perfect manner: Held, That this obligation did not impose the duty of indemnifying the builder against liens for work done and material furnished in the construction of the buildings.</p> <p>3. A material alteration or departure [from the obligation of sureties without their consent will have the effect to release them.</p>