83 Mo. App. 94 | Mo. Ct. App. | 1900
This suit is upon a bond given to secure the performance of a contract to construct a building. The petition alleges a breach, in that plaintiff was compelled to pay $343.71 in excess of the sum specified-in the building contract. It also alleges that the' contractor agreed that' this ’ overpayment was “due and owing to plaintiff,” and prays judgment therefor against him and the other obligors in the bond. By the terms of the building contract the plaintiff agreed to pay $2,218 for the necessary material and labor to be furnished by the contractor for the erection of a dwelling house. The contract also provided that alterations proposed by the owner of the building and superintendent during the progress of the work, should bind the contractor and “go into effect without any violation or vitiating the contract,” the value of such alterations, however, to be agreed upon in writing “between the said parties before