Massachusetts Bonding & Ins. Co. v. Ray Dilschneider, Inc

JOHNSEN, Circuit Judge.

A general contractor sued a surety company upon the performance bond' executed by- it for a subcontractor, to recover the damages alleged to have resulted from the subcontractor’s attempted cancellation of his contract to provide the aluminum window structures for two buildings being erected by the general contractor at the Southeast Missouri State Teachers College in Cape Girardeau, Missouri. A jury returned a verdict for the plaintiff, on which the court entered judgment, and the defendant has appealed. The case is admittedly ruled by Missouri law.

The first contention…