Wehle Electric Co. v. Kallock

The defendant William Kallock contracted with the State of New York to furnish material and labor for electrical work at Auburn Prison for $16,364.50. He failed to perform the contract. His surety, the defendant Standard Accident Insurance Company, completed the work. It was accepted by the State. The State paid the contractor $14,350, and the surety $560.92, a total of $14,910.92, or $1,453.58 less than the original contract price. This amount the lienors seek to recover.

*597The State contends that the lienors can recover no more than the original contractor could and that he could recover…