Inhabitants of Wakefield v. American Surety Co. of New York

This is an action brought for the breach of three bonds, each executed by Minaban and Gosta, partners, as principals, and the defendant as surety, to secure faithful performance by said partners of contracts between them and the plaintiff to construct portions of its sewer system. The execution of the contracts and bonds was admitted. The case was sent to an auditor,* who found that the work to be done under the contract was abandoned by said partners, and that thereby there was a breach of the condition of each of the bonds. Each con*175tract provided that the co-partners “ will not assign . . .…