Covey v. Schiesswohl

The action is by the owner of a building* to recover for a breach by the sureties of a guaranty or indemnity bond, given to the owner by the contractor, to secure the latter ’s performance of a building contract. The defendant sureties ’ demurrer to the complaint, on the ground that it did not state a cause of action against them, was overruled. They elected to stand thereby, and judgment went for plaintiff.

Defendants rely upon the general maxim' that upon a bond of indemnity or guaranty the liability of the surety is strictissimi juris. Such is the statement often found in the books. This…