Ingram v. Sauset

This action was brought by respondent, as plaintiff, to recover for labor, material and supplies performed and furnished for and to appellant Sauset, upon a contract for street improvements in the city of Bellingham. The appellant United States Fidelity *445and Guaranty Company is the surety on the bond given by Sauset conditioned for the performance of the terms of the contract. The principal defense, and the one here involved, was a plea of accord and satisfaction. The case was tried to a jury, which returned a verdict in respondent’s favor for the full amount claimed, and from a judgment…