Sanitary District v. United States Fidelity & Guaranty Co.

This is an action against the surety on a contractor’s bond wherein plaintiff recovered the amounts of judgments against it based on suits for damages arising out of a sewer improvement. Defendant has appealed.

February 20, 1936, McKay Engineering and Construction Company entered into a contract with plaintiff under which the Company agreed to build a sewer in Berwyn, Illinois. The contract required a surety bond which defendant executed on the day of the contract. The City of Berwyn authorized the improvement and plaintiff completed the work according to contract, with some modification, June…