E. I. Du Pont De Nemours & Co. v. McKay Engineering & Construction Co.

Plaintiff brought an action on a surety bond executed by defendants as principal and surety, conditioned upon the performance of a construction contract made by defendant McKay Engineering & Construction Company with the Sanitary District of Chicago. Plaintiff’s claim was for $1,601.06. The principal defendant, McKay Engineering & Construction Company, filed its affidavit of merits in which it admitted a liability of $705, being the fair, reasonable agreed price for materials furnished by plaintiff in the construction of the work. Afterward, on motion of plaintiff, judgment was entered…