Pratt v. Pautzke

Sumner School District No. 320 entered into a written contract with James Pautzke whereby he agreed to furnish labor and material and install a heating plant in a high school building for the agreed compensation of $15,089. The contract provided that payments should be made during the progress of the work, upon the architect’s certificate, to the extent of eighty-five per cent of the work done. The Aetna Casualty & Surety Company became surety on the bond of the contractor, the bond being’ given in compliance with Rem. Rev. Stat., § 1159.

The contract was completed, at which time there had…