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

The surety on the bond of the contractors who constructed a bridge for the city of Mon-tesano paid a materialman’s lien, timely filed, against that bond. Before the filing of that claim of lien, and prior to the expiration of thirty days after the acceptance of the bridge, the city paid the contractors the retained percentage on the contract. Alleging the foregoing facts, the surety instituted this action against the city, to recover the amount the city was required by the contract and by the statute to retain for thirty days after the acceptance of the bridge. Trial of the cause resulted in…