Boyd v. Benkelman Public Housing Authority

Boslaugi-i and Spencer, JJ.,

dissenting.

Under the facts in this case it is doubtful whether the informal understanding reached at the meeting of the representatives of the parties in Omaha on September 22, 1966, should be considered to be a “final settlement of the principal contract” within the meaning of section 52-118.02, R. R. S. 1943. However, it is unnecessary to decide that question because of the relationship between the plaintiff and United Bonding Insurance Company after the default of Dougherty.

The bonding company concedes that it completed the project under an assignment of the…