Shelton v. American Surety Co.

Citations

• 131 F. 210
• 66 C.C.A. 94
• 1904 U.S. App. LEXIS 4280

Syllabus

<p>1. Building Contract — Sureties—Departure—Discharge.</p> <p>Where a building contract provides that no payments shall become due until in each case the contractors shall have delivered to the owner .a satisfactory release of liens against the premises, and the owner makes payments without requiring vouchers or releases, such payments constitute a substantial departure from the contract, to the prejudice of the contractor’s surety, and discharge it from liability for a loss resulting therefrom. ></p> <p>¶ 1. See Principal and Surety, vol. 40, Cent. Dig. § 284.</p>