MR. JUSTICE HOLMES delivered the opinion of the court.
This is a suit upon a joint and several bond executed by the defendant in error as surety for the Vandegrift Construction Company. In the Circuit Court a nonsuit was ordered and the order was affirmed by the Circuit Court of Appeals on the ground that the plaintiff by its own act had made performance of the condition impossible. 103 C.C.A. 607; 180 Fed. Rep. 641. The facts are these:
By an ordinance of...
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