117 Iowa 748 | Iowa | 1902
The requirement of the contract that the money due thereon be paid only upon receipted bills or waivers for labor and material was a very material one for the protection of the sureties, and a departure from that provision created a condition to which the sureties had not assented in the bond or elsewhere. The money thus paid to. the contractor, although not in ■ excess of the eighty-five per cent, provided for In the contract, may have been used for purposes not connected with the construction of the building in question. Many of the payments were also made without certificates from the architects, which was a violation of the terms of the bond.
We think the. judgment as to the various interests involved is right, and it is aeeirmed.