United States v. Freel, 186 U.S. 309 (1902)

United States v. Freel


No. 221


Argued April 17, 1902
Decided June 2, 1902
186 U.S. 309

ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT

Syllabus

A surety on a contractor’s bond, conditioned for the performance of a contract to construct a dry dock, is released by subsequent changes in the work made by the principals without his consent.

The obligation of a surety does not extend beyond the terms of his undertaking, and when this undertaking is to secure the performance of an existing contract, if any change is made in the requirements of such contract in matters of substance without his consent, his liability is extinguished.

If the government’s pleader had evidence of facts showing such knowledge and consent, he should have asked leave to amend the declaration by adding the averment necessary to state it.

The case is stated in the opinion of the Court.