United States Fidelity & Guaranty Co. v. Koehler

A conditional contract for lease' of a certain brick kiln was executed. A bond to the lessee was executed by the lessor as principal, and a surety company as security, for faithful performance of clause four of the contract by the less- or. The bond contained the provision that the surety shall not be “subject to any suit, action, or other proceeding thereon that is instituted later than the 3rd day of February, 1913.” A suit was instituted for breach of the bond after the above date. The petition alleged that after execution of the bond and prior to February 3, 1913, the parties made an…