American Surety Co. v. Small Quarries Co.
Supreme Court of Georgia
The Court of Appeals certified the following question (in Case No. 13891): “Where a bond is given by a contractor for the doing of public work, payable to a county of this State, with a compensated bonding company as surety, conditioned for the faithful compliance by the contractor’with the terms and conditions of his contract with the county, so as to indemnify and save harmless the said county from all cost, expenses, damages, injury, or loss from the execution and…
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The Court of Appeals certified the following question (in Case No. 13891): “Where a bond is given by a contractor for the doing of public work, payable to a county of this State, with a compensated bonding company as surety, conditioned for the faithful compliance by the contractor’with the terms and conditions of his contract with the county, so as to indemnify and save harmless the said county from all cost, expenses, damages, injury, or loss from the execution and performance of said contract, and from all cost and charges that may accrue on account of the work specified under the…
1Opinion of the CourtGilbert, J.
The question propounded by the Court of Appeals calls for the construction of a contract of suretyship. The Civil Code (1910), § 3540, declares: “The contract of suretyship is one of strict law, and his liability will not be extended by implication or interpretation.” The act of the General Assembly approved Aug. 19, 1916 (Ga. Laws 1916, p. 94), requires a county of this State, in making contracts for public works, to take., a bond insuring it and those doing work or furnishing skill, tools, machinery, or materials for the purpose of such contract against loss. The first section of the act…
2Cited by38 opinions
- DeKalb County v. J & a Pipeline Co.Supreme Court of Georgia · 1993
- American Surety Co. v. County of BibbSupreme Court of Georgia · 1926
- Glens Falls Indemnity Co. v. Southeastern Construction Co.Supreme Court of Georgia · 1950
- Hannah v. Lovelace-Young Lumber Co.Supreme Court of Georgia · 1925
- Pacific National Fire Insurance v. Cummins Diesel of Georgia, Inc.Supreme Court of Georgia · 1957
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