Fidelity National Bank v. Henley

The opinion of the court was delivered hy

Dunbar, J.

On July 1, 1897, the United States entered into a contract with one E. B. Rundle to construct buildings at the army post near Spokane, and in said contract it was provided, among other things, that payments upon the same were to be made from time to -time as the work progressed, and that from all payments twenty per cent, was to be retained until the completion of the work and the acceptance of the samé by the government. At the time of making this contract, Rundle, as principal, and respondents herein, as sureties, subsequently to the ex*3ecuti…