57 Ind. App. 408 | Ind. Ct. App. | 1914
On December 4, 1908, appellees entered into a contract with one Franklin in which he was to furnish all the materials and perform all the labor for the electric wire system in a building being erected by them, for the stipulated sum of $1,976. To insure the faithful performance of his contract, he, together with the Illinois Surety Company, gave his bond to appellees to indemnify them against loss in the event of a breach of such contract. The contractor Franklin failed fully to perform his contract, and appellees completed the part left undone by him. This action was then brought to recover damages for the contractor’s default and for $300 liquidated damages provided for in the building contract. Defendant Franklin was defaulted. The cause was tried by the court and resulted in a judgment for appellees for $391.64. Appellant Illinois Surety Company alone appeals, and contends that the cause should be reversed because the trial court erred in overruling 'its separate demurrers to the complaint and in overruling its separate motion for a new trial.
Note. Reported in 107 N. E. 298. As to creditor’s duty to a surety, see 115 Am. St. 85. See, also, under (1) 32 Oyc. 127; (2) 31 Cyc. 560; (3, 5) 32 Oyc. 176; (4) 32 Cyc. 176, 138.