Reliance Insurance Company of Philadelphia, Pennsylvania v. Malcolm B. Colbert

McGOWAN, Circuit Judge:

The District Court, after trial without a jury, gave judgment for $18,374 against a defaulting contractor and the surety upon a completion bond. Only the surety has appealed, contending that material alterations were made in the construction contract without its knowledge and consent. We disagree with the District Court’s conclusion that these alterations were of such a nature as to have no ponderable impact upon the surety’s undertaking; and we reverse and remand for a determination of what that impact was.

I

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