MORTON, Circuit Judge.
This is an action upon a bond conditioned to secure the performance of a contract to erect a building intended for use as a theater. It was tried to a jury; there was a verdict for the plaintiffs and a judgment thereon from which the defendant has appealed. We shall refer to the parties, plaintiff and defendant, as they appeared in the lower court.
The principal on the bond was the owner of the land, a corporation known as "1694 Main...
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