Fidelity & Casualty Co. v. Ætna Homestead Ass'n

HIGGINS, Justice.

These two cases involve the same issues and parties and were consolidated here and presented jointly for the purpose of decision.

Plaintiff, as surety on a building contract bond, sued the owner for damages alleged to have been sustained by it, in being compelled to pay certain lien claims of the defaulting contractor, due to the fact that the defendant is said to have paid the contractor the fourth installment and the fifth, or final installment, premature ly or contrary to the provisions of the building contract.

The defense is that the fourth installment was paid according…