Wise v. Thurman

1. In a suit for breach of a contractor’s bond, brought against the principal and surety therein, the fact that the owner of the property' failed to take a sworn statement of the contractor, as provided for in paragraph 2 of section 3352 of Park’s Ann. Code, is no valid defense for the surety, where the bond contained no stipulation that such an affidavit should be taken. The failure to take the affidavit did not increase the surety’s risk or liability under the bond. Thomason v. Keeney, 8 Ga. App. 852 (70 S. E. 220). See also, as to the principle involved, Massachusetts Bonding Co. v. Realty…