National Surety Co. v. Erler

In 1928 plaintiff became surety for defendant as the contractor on three state highway jobs on state “projects” Nos. 5-28, 3-34 and 3-39, and in this action seeks to recover additional premiums for alleged “overrun” on a special covenant in the applications for the bonds, under all three contracts. The overrun, so-called, consists of extra work which plaintiff claims was done by defendant under the contracts whereby the total cost was so increased that additional premiums for the contract bonds accrued. Defendant admitted some overrun and that a sum much less than that claimed was due, and…