Phillips v. American Liability & Surety Co.

Opinion by

Mr. Justice Drew,

Henry DePamphilis, one of the defendants in this case, entered into a contract with the plaintiff, Carnig Phillips, for the erection of an addition to plaintiff’s dry-cleaning plant, and gave a bond to protect plaintiff from any default in the completion of the work, with the other defendant, American Liability & Surety Company, as surety. DePamphilis failed to finish the building, and the surety declined to do so, whereupon Phillips proceeded to complete the work himself. He then sued the principal and surety on the bond, claiming as damages $5,201.27 as the cost…