United States Fidelity & Guaranty Co. v. City of Pittsburg

The opinion of the court was delivered by

Dawson, J.:

This action was one of the consequences of the failure of a contractor to construct a sewer in Pittsburg. The plaintiff bonding company had guaranteed performance, and on the default of the contractor after he had completed most of the work and had been proportionately paid therefor, plaintiff finished the job, and sued the city for $1,500 paid to a bank on an order and assignment by the contractor and accepted by the city before the contractor’s default, but not actually paid until such default. The bonding company claimed that the city…