Southern Surety Co. v. Hudson

Citations

• 98 Kan. 775
• 160 P. 209
• 1916 Kan. LEXIS 192

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mechanic’s Lien — Statutory Indemnity Bond Given — No Lien Can Attach. A contract entered into by a board of education for building a schoolhouse required the contractor to give a bond for its faithful performance, and also a bond for indemnity against mechanics’ liens in accordance with the statute. The same surety company executed both bonds. That for faithful performance made liability thereunder contingent upon certain conditions which were not referred to in the other bond. Several lien statements were filed. The surety company procured assignments from the claimants and sued to enforce the liens on the ground that the conditions referred to had not been complied with. Held, that as the statute provides that no lien shall attach where a bond such as it describes is given for the payment of claims that might. be a basis of liens, the giving of such a bond prevented a lien from attaching, irrespective of any failure of the board to comply with the terms of the other bond.</p>