National Surety Co. v. Board of Education

The plaintiff below was the surety on a contract of Fallacé Brothers for the erection of a school house in Clifton. Before the contract was completed the contractor became involved *226financially and failed. The surety, under and in accordance with its bond, took up the work and finished the job, also taking from the contractor an assignment of the contract. When completed there remained a small balance due under the contract and a dispute arose respecting a claim of the surety for excavating solid rock. Paragraph 12 of the contract provided that if solid rock should be encountered the same…