School District No. 1 v. McCurley

Citations

• 92 Kan. 53
• 142 P. 1077
• 1914 Kan. LEXIS 165

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Building Contract — Surety Company — Construction of ' Surety Bond. A bonding company engaged in the business of insuring the performance of contracts of others for pay is not a “favorite of the law” in the sense,the term is applied to accommodation sureties.</p> <p>2. Same — No Notice of Contractor’s Default to Bonding Company — No Damage■ — Liability. Such a company is not relieved of all liability upon a bond given by it to secure the performance of a builder’s contract by reason of the failure of the obligee to give notice, according to the terms of the bond, óf a failure of the builder to complete the building within the time specified, where such failure resulted in no actual loss or prejudice to the bonding company, notwithstanding the bond provides that no liability shall attach to the company unless such notice be given within á certain time after the default.</p>