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HAMMEN v. HANSEN & WERHANE, INC.

No. 42083.

44 Ill.2d 76 (1969)

254 N.E.2d 464

THOMAS HAMMEN, d/b/a Hammen Electric Company v. HANSEN & WERHANE, INC., Appellee. — (FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellant.)

Supreme Court of Illinois.

Opinion filed December 19, 1969.

Attorney(s) appearing for the Case

DENT, HAMPTON & DOTEN, of Chicago, and JAMES L. WARING, of Ottawa, for appellant.

Judgment reversed.

Mr. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

The appellate court held that Thomas Hammen, an electrical contractor, could unilaterally discharge Fidelity and Deposit Insurance Company, surety on his performance and payment bond, from liability on the bond after he had started to perform his contract, purchased materials and employed laborers. (105 Ill.App...

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