McClure v. Freeborn Engineering & Construction Co.

Citations

• 97 Kan. 695
• 156 P. 692
• 1916 Kan. LEXIS 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Indemnity Bond — Failure to Give Notice of Default — Surety Suffered No Damage Thereby — No Defense to Action on Bond. Failure to comply with a provision in an indemnity bond issued by a surety company which required the obligee to give written notice of the default within ten days after learning of the fact is no defense to an action on the bond where it is neither claimed nor proved that the company suffered any loss or damage from the failure to give notice. (Republic County v. Guaranty Co., 96 Kan. 255, 150 Pae. 590.)</p>