Pauly Jail Building & Manufacturing Co. v. Collins

The conclusion we have reached upon one of the-several questions discussed is so decisive of the rights of the-*497parties as to obviate necessity of treating tbe others. Conceding for tbe purposes of argument that tbe sureties upon tbis bond became obligated to pay to tbe plaintiff any sums it might pay in discharge of tbe principal’s indebtedness for material' and labor and not merely such as tbe plaintiff might be compelled or compellable to pay, there arises tbe other question whether defendant has been discharged from liability by the plaintiff’s failure to avail itself of the right given it…