HUTCHESON, Circuit Judge.
The suit on a performance bond was for $16,132.26 loss suffered by the owner through the failure of the contractor to complete an apartment building as agreed in time, and for the contract price, with extras, of $24,069.72.
The claim was: that after plaintiff had made considerable payments on the contract, the contractor defaulted and abandoned the job; that the surety, though notified of the default and abandonment, took no steps...
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