Disch v. National Surety Co.

Finch, J.:

This is an action against a surety company on a bond conditioned that, if the vendor of certain army shirts to the plaintiff failed to deliver on board vessels bound from France to New York before November 30, 1920, consigned to the plaintiff, 150,000 reclaimed army shirts, which had been washed and ironed and which were free from patches, holes and tears, the surety company would indemnify the plaintiff up to $25,000.

The plaintiff showed that only 60,936 shirts were actually delivered, and of these 46,000 were torn, dirty and ragged shirts, and he was awarded as damages the…